Â鶹APP

The Tribunal found that it lacked jurisdiction to review preparatory steps of an administrative decision and rejected the application as not receivable.

The Tribunal found that the Applicant became aware of the contested decision on 21 February 2019. She requested management evaluation on 27 April 2019 and she was late by 5 days. Since the request for management evaluation was time-barred, the application before the UNDT was not receivable.

The Tribunal found that the Applicant had not been selected by a Secretariat review body, which is a requirement under sec 2.1 of ST/SGB/2011/9. The Tribunal held that this was rational and consistent with General Assembly resolution 65/247 that for continuing appointments with the Secretariat, the requisite review be done by a Secretarit review body rather than other specialized review bodies. This condition was not satisfied in the Applicant¡¯s case. Accordingly, the impugned decision not to grant the Applicant the continuing appointment was correct. The application was thus dismissed.

The Tribunal noted that the complaint about the long period it took for the Applicant to be paid and the dispute over the amount of the pension paid to him were beyond the scope of the application since they were not subjected to management evaluation as required by art. 8.1(c) of the Dispute Tribunal¡¯s Statute and staff rule 11.2(a). The Tribunal found that the Administration had proper legal grounds for refusing to issue the separation notification to the UNJSPF in accordance with staff rule 3.18(c)(ii), ST/AI/2009/1 (Recovery of overpayments made to staff members) and ST/AI/155/Rev.2 as...

The information in the documents on record pointed to purely work-related disagreements between the Applicant and her supervisor. The Tribunal rejected the complaint that UNICEF¡¯s Deputy Executive Director, Management (DED/M) did not take into consideration the facts in their entirety and misunderstood her statements when conducting the management evaluation. The Tribunal agreed with the finding that there was no evidence of abuse of authority or deliberate misrepresentation of facts by the Applicant¡¯s supervisor. The Tribunal held that the Applicant¡¯s complaint did not raise any impropriety...

The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. UNDT/2019/122. The Tribunal concluded that Judgment No. UNDT/2019/122 related solely to the Applicant¡¯s challenge against MONUSCO¡¯s decision to abolish his post by way of a ¡°dry cut¡± and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant¡¯s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant¡¯s assertion that...

The application was dismissed. The Tribunal held that the Applicant¡¯s actions were consistent with a concluded intent not to return to her duty station, no matter the lack of basis. Therefore, the Respondent¡¯s decision to separate her on the ground of abandonment of post was lawful.

The Tribunal dismissed the application in its entirety. It held that the impugned decision was lawful because there was nothing on the record to suggest that the Respondent had acted outside the scope of lawful discretion in designing and conducting the selection process. In addition, the Applicant had not demonstrated that in his evaluation relevant material had not been taken into consideration.

The application was dismissed. The Tribunal reasoned that in light of staff regulation 1.2(c ) and the Applicant¡¯s job description, reassigning her from one work station to another within UNIFIL was legitimate. Therefore, the impugned decision being a lawful exercise of discretion, there was no basis to rescind it.

The Tribunal held that regarding the Applicant¡¯s requests for compensation for time spent since she separated from the Organisation, salary arrears, interest of 15% paid on compensation and salary arrears and the reimbursement of the expenses incurred on medical bills these claims were not awarded by the UNDT Judgment and such could not be claimed as part of the execution. As such, all the four claims were rejected. However, the Tribunal found that the only issue relevant to the execution of the UNDT Judgment that was still pending was the interest due on awards granted therein. Accordingly...