UNDT correctly found that Ms Mokrova¡¯s application was not receivable ratione materiae because she filed a request for management evaluation beyond the 60 days of the notification of the contested decision by the Under-Secretary-General for DSS.
The Secretary-General appealed on the premise that UNDT improperly substituted its decision for that of the Administration. UNAT disagreed and found that the reason UNDT rescinded the decision was because it suffered from incoherence, i.e. the reasons provided for singling out the staff member with a shorter extension of his FTA changed over time and were not supported by the facts. UNAT also noted the ex post facto reasons for selecting the cross-appellant rather than one of the other staff members provide an inadequate justification, especially in light of the incoherence and the fact that...
UNAT disagreed with UNRWA DT and found the supervisor¡¯s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. UNAT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor¡¯s request...
UNAT held that the staff member¡¯s appeal was defective because she did not specify which errors were committed by UNRWA DT in arriving at its Judgment. However, given that the staff member was not legally represented, UNAT went on to review the merits of the appeal. UNAT held that UNRWA DT did not err when it held that the staff member did not have any right to be appointed and that the recommendation from the HR Head did not mature into an enforceable right. Second, UNAT held that there was no entitlement to receive overtime pay since overtime must be authorized in advance and duly recorded...
UNDT preliminarily rejected the Applicant¡¯s requests for recusal, holding that there were no longer any grounds for ruling on those requests since the UNDT President previously rejected those requests. Concerning the first application, UNDT held that the Applicant did not establish the illegality of the election of JC and that his application for the election to be declared null and void must be rejected. With regard to the Applicant¡¯s request that all decisions taken by the Internal Justice Council be rescinded, UNDT held that it is clear from General Assembly Resolution 62/228 of 22 December...
The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1(a) of the Statute of the United Nations Dispute Tribunal. Given the nature of the decisions taken by the administration, there cannot be a precise and limited definition of such a decision. What is or is not an administrative decision must be decided on a case by case basis and taking into account the specific context of the surrounding circumstances when such decisions were taken. This is an administrative decision related to the applicant¡¯s contract of employment and is therefore receivable.
The former Staff Regulations provided that: ¡°For the purpose of these Regulations, the expressions ¡®United Nations Secretariat¡¯, ¡®staff member¡¯ or ¡®staff¡¯ shall refer to all staff members of the Secretariat [¡].¡± Former staff rule 104.10 (a) prohibited the recruitment of the father, mother, son, daughter, brother or sister of a staff member, except where another person equally well qualified could not be recruited. It results from the foregoing that candidates who have a family relationship with a staff member working for an entity part of the UN Secretariat are precluded from recruitment to a...
The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1 (a) of the Statute of the United Nations Dispute Tribunal. The Tribunal cannot compel the Organization to investigate the Applicant¡¯s complaints against ECA¡¯s Senior Management as pleaded by the Applicant. An investigation is part of a disciplinary procedure as described at paragraph 2 of ST/AI/371 ¨C Revised Disciplinary Measures and Procedures. The Applicant has recourse under the Staff Regulations and Rules to pursue his grievances in relation to his allegations of abuse of authority by ECA Management.
[Case UNDT/GVA/2009/33] The APPC omission to inform the applicant that his supervisor had sent a letter to it concerning his employment and to share its content with him does not constitute an administrative decision within the meaning of article 2.1 (a) of the Tribunal¡¯s Statute. It thus falls out of the jurisdiction ratione materiae of the UNDT. The decision not to renew the applicant¡¯s contract was already taken at that point. Hence, the letter to the APPC was merely internal communication; at the highest, it could be regarded as one step in a complexe procedure. [Case UNDT/GVA/2009/40] The...
There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.
