51ÁÔÆæ

The Tribunal held that the Applicant¡¯s claim regarding separation from service was not receivable ratione materiae. With respect to his non-selection, the Tribunal held that the Applicant had satisfactorily established that there was a flaw in the recruitment process and that this flaw had breached his right to due process. He was awarded 3 months compensation. Bias: The Tribunal concluded that by not shortlisting the Applicant initially due to an uninvestigated incident from 2009 it was obvious that the decision makers had already formed an adverse view of the Applicant. Consequently, doubt...

Abolishment of the Applicant¡¯s post: The Tribunal concluded that the Applicant¡¯s post in Jordan was indeed abolished and that the abolition was part of a genuine organizational restructuring. The Tribunal also concluded that the Administration acted fairly, justly and transparently in dealing with its staff members when they had to move back to Baghdad. The Applicant was provided with sufficient and written notice of the Respondent¡¯s restructuring strategy.

Moral damages ¨C As held in Asariotis 2013-UNAT-309, damages for a moral injury may arise from a breach of the employee¡¯s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed (be they specifically designated in the Staff Regulations and Rules or arising from the principles of natural justice). Where the breach is of a fundamental nature, the breach may of itself give rise to an award of moral damages, not in any punitive sense for the fact of the breach having occurred, but rather by virtue of...

The Tribunal found that the Applicant had discharged the burden of proof in showing that her separation from the Organization was motivated by extraneous factors and improper motives. Extraneous factors ¨C There was increased animosity between the Applicant and her various supervisors both in Bor and later when she was transferred to Wau. Consequently, the Tribunal found that bias against the Applicant existed on the part of UNMISS management. Due Process/ Procedural flaw ¨C The responsible officials at the mission all defied the procedures provided for by ST/AI/371 for dealing with reports of...

The Tribunal granted the application in part as the reasons provided for the Applicant¡¯s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant¡¯s health). As relief, the Tribunal granted the Applicant¡¯s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member¡¯s and the Organization¡¯s) that would have been paid to the United...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...