51ÁÔÆæ

Section 8.9 of ST/AI/1999/3 applies only to holders of fixed-term appointments. It is therefore not relevant to the applicant¡¯s case, as he held an indefinite appointment. Regarding the payments due, a clear distinction must be made between the termination indemnities, which are automatically due to the concerned staff member in the event of termination of his/her contract, as provided by the Staff Regulations and Rules, and the compensation package, which, in addition to that which is legally due, includes a certain amount that the administration chooses to give ex gratia; as such, it is...

The application was withdrawn by the Applicant.

The Tribunal found that the performance appraisal followed by the rebuttal process had been done in respect of the rules and procedures applicable to UNDP. Based on the documentary evidence, it was the view of the Tribunal that, as a matter of fact, the Management went out of his way to afford the Applicant with as much latitude as possible to comment and challenge the rating of ¡°partially met expectations¡±. With regards to the Applicant¡¯s allegations of harassment, retaliation and discrimination, the Tribunal found that both the UNDP Ethics Office and the UN Central Ethics Office followed the...

It results from ST/AI/2002/3 that the administration is entitled not to renew the FTA of a staff member whose performance was rated ¡°does not meet performance expectations¡±, on the mere grounds of the staff member¡¯s bad performance. It further results from ST/AI/2002/3 that in case the staff member¡¯s performance was rated ¡°partially meets performance expectations¡±, the administration is obliged to apply measures which allow the staff member to improve his/her performance, before it can decide on the non-renewal of the staff member¡¯s FTA on the basis of bad performance. In the present case, the...

Settlement offer v. management evaluation: The respondent¡¯s settlement offer was clearly and unequivocally marked ¡°PRIVILEGED & CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY¡± (emphasis in the original). The indication ¡°for settlement purposes only¡± in block capitals at the top of the letter left no room for interpretation as to the purpose of the letter, which was not to respond to the applicant¡¯s request for a management evaluation. Inconsistency between article 8.1 (d) (i) of the UNDT Statute and staff rule 11.4 (a). In accordance with UNDT Statute art. 8.1, in order to be receivable, an...

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant after the parties reached an agreement.

Since he remained a WFP staff member and pursuant to the above-mentioned Inter-Organization Agreement, the applicant never had a contractual relationship with UNAMID. Only WFP was in a position to render decisions that could affect his terms of appointment. Two decisions were at stake. With respect to the first (WFP decision not to treat him as a D-1), his case could not be heard before UNDT because WFP has recognised ILOAT as judicial review body. Concerning the second (UNAMID decision not to appoint him as Deputy Director), the applicant is not a ¡°staff member¡± within the meaning of art. 3...

According to the available record, the applicant never received a letter of appointment and no such letter was ever signed by an authorized official. He did not, therefore, become a staff member of the United Nations within the meaning of article 3, paragraph 1, of the UNDT Statute. It follows that the applicant has no access to the system of administration of justice in its present state. It is noted that the General Assembly has requested the Secretary-General to investigate the option of granting access to non-staff personnel. Outcome: the application was rejected.

Article 10(5) of the Statute of the UNDT is silent as to how compensation to be awarded to a party is to be calculated. The Respondent submits that in such circumstances where there is a lacuna in the internal law of the organization, general principles of law provide a source of internal administrative law and should be applied. The Tribunal agrees with this reasoning and further notes that how this Article will be applied will depend on the particular circumstances of each case. The recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages. An...

The main evidence against the Applicant was the testimony of the driver who claimed that he had been asked by the Applicant to bring a carton to Dire Dawa. The Respondent claimed that a printer was missing from the inventory list. The driver¡¯s testimony was credible, especially since he was able to provide precise details on the printer¡¯s bar code and the serial number. In view of the overwhelming evidence that the Applicant had shown a pattern of misconduct, including the storage of obscene material on his official computer, the Tribunal was satisfied that the Respondent established a prima...

Evaluation of candidates: The record appears to reflect a careful and comprehensive examination of the claims of the various applicants. There was no problematical analysis or conclusion that suggested that the process had gone awry or was anything other than proper. Failure to notify: Sec 9.5 of ST/AI/2006/3 provides that an unsuccessful interviewed applicant should be informed by the programme that they have not been selected or rostered. This was not done. The applicant suffered no loss or additional anxiety arising out of the inappropriate and discourteous way in which she became aware of...

Jurisdiction of Tribunal: Although the Administration released the moneys to the applicant, when the jurisdiction of the Tribunal is properly engaged, the mere fact that the Administration ¡°corrects¡± the decision in question does not end the matter. The applicant is still entitled to seek a determination that the decision is unlawful and an award of compensation. Legality of withholding entitlements: The test is not guilt of the staff member but merely ¡°reason to believe¡± that they may have been grossly negligent, causing loss. This is an undemanding test, amongst other things satisfied even...

Since it was ECOWAS and not UNSD that took the decision not to attribute the applicant for her contributions to the ECOWAS Poverty Profile, this decision is therefore not a decision in respect of which the respondent, ie, the Secretary-General as the Chief Administrative Office of the United Nations, has any responsibility. Even if the ultimate decision to exclude the applicant from attribution was that of ECOWAS, it could, nevertheless, be held that the administrative decision in question was that UNSD decided to accept the decision of ECOWAS in respect of the applicant, contrary to its...

The appeal is withdrawn and the case is closed.

UNDT found that the restructuring and the creation of the new post were undertaken in good faith and the decisions to abolish the applicant¡¯s post and to end his contract were proper. UNDT also found that the applicant was told about the new post and invited to apply. As to the failure to complete the work plan and performance evaluation reports, this was irrelevant because it was not the reason for the non-renewal of the applicant¡¯s contract, and, in any case, was due to the applicant himself. Outcome: The application was dismissed.

According to former staff regulations 9.1 and 9.3, the decision to offer an agreed termination is within the discretion of the Secretary-General. In accordance with the ¡°note on agreed termination¡±, a guideline used by Administration to ensure equal treatment, the applicant was not in a situation in which the Organization may have considered that an agreed termination was in the interest of the good administration. In fact, his health problems were not grave enough to prevent the proper exercise of his functions in accordance with the recommendations of the Medical Joint Service. Neither did...

The Applicant¡¯s fixed term-appointment came to an end as a result of her service-incurred injury. The Applicant¡¯s fixed-term appointment was in fact terminated and it is disingenuous for the Respondent to argue that ¡°it was allowed to run until the end of the term and was not renewed on medical grounds.¡± The administrative decision not to renew the Applicant¡¯s fixed-term appointment due to the Applicant¡¯s inability to resume her professional activities with ICTR in Arusha was informed by improper motive. The applicable procedural rules that should have been followed by the Respondent in this...

In accordance with ST/AI/234/Rev.1, setting the normal number of working hours per week is a matter within the authority of the Executive Director of UNEP. Thus when he initially decided not to reduce the normal working hours in Paris, the Executive Director of UNEP acted within his discretionary authority. Since the applicants were legally required to work 40 hours per week from January 2006 to March 2007, their claim for 2.5 hours of overtime per week during that period is without merit. The applicants alleged discrimination, arbitrariness and bad faith on the part of the Administration in...

The applicant was the only 15-day candidate who was interviewed. Interviews of 30-day candidates took place the day following the applicant¡¯s interview. The applicant was not successful; instead, a 30-day candidate was appointed. The applicant submitted that the Administration failed to properly assess her suitability prior to considering other candidates and thus failed to follow the selection procedures applicable to 15-day candidates under ST/AI/2006/3. The respondent argued that the candidate was given priority consideration and was found unsuitable for the post. UNDT found that the...