Outcome: For distress: USD5,000. For loss of chance: (a) 10 percent of the difference between the salary the applicant actually carries and that she would have received in the D-2 position on a continuous basis, (b) 10 percent of any additional allowances and benefits she would have received at the D-2 level including adjustment of her pension contributions and consequent retirement benefits.
Outcome: The applicant is not entitled to have the note removed simply because no disciplinary proceedings were undertaken in respect of the investigation report. However, the note in its present form is inaccurate and must be removed. Its replacement, if any, must be accurate and first shown to the applicant, who must be given a copy of the investigation report to enable him to place such comment on the file as he wishes, providing it is reasonably connected to the investigation.
Outcome: Application dismissed, but the applicant awarded USD500 in nominal compensation for not being informed in time.
In declaring the Applicant’s appeal time-barred on the issue of the reclassification of her post, the Secretary-General wrongfully considered that the Administration’s failure to take action on the Applicant’s appeal of a classification decision was an implicit decision of refusal that she should have contested within the time limits set forth in former staff rule 111.2 (a). ST/AI/1998/9 sets out special procedures for contesting a post classification or reclassification. In particular, it provides for the referral of the appeal to a Classification Appeals Committee. When an appeal is referred...
The apportionment of points was not done fairly or objectively in two respects:- Experience: logically, either both the Applicant and the selected candidate should have received the maximum 50 points or the Applicant should have been given more than the selected candidate.- Languages: the Applicant’s had five less points than the selected candidate. An objective evaluation would have given her more. Outcome: The Tribunal found that evaluation of the Applicant’s candidacy for the concerned position was not carried out in a full and fair manner and awarded her compensation in the amount of 4...
Outcome: Application dismissed, but award of a nominal compensation of USD 1,000 for procedural deficiencies in the selection process.
The facts alleged as justifying termination could not make the contract void but only voidable. The Administration is barred from arguing that there was no contract because it affirmed the contract when it was in full possession of the relevant facts by proceedings under staff regulation 9.1.Cancellation and effect of staff regulation 9.1: Under the general law the parties are bound by any condition in the contract relating to cancellation, rescission or repudiation. The only mode by which separation can be effected is pursuant to regulation 9.1 or pursuant to disciplinary procedures. These...
Receivability: Although the applicant accepted the assignment, this does not mean that all decisions taken by the Administration with respect to the applicant must be deemed correct and lawful. The Organization’s decision to base its calculation of the applicant’s salary on her net income constitutes an administrative decision affecting her contractual right to proper remuneration and the case is therefore receivable. Salary calculation: ST/IC/2007/24 and ST/AI/2000/1 articulate that all G-level staff will be receiving an SPA to the P-2 level. Pursuant to provisional staff rule 3.10(d), 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.
The Board of Examiners decided that the applicant did not satisfy the educational requirement. The applicant believed that she was qualified because she had obtained a vocational training from the Centre d’Ecriture et de Communication (“the Centre”), and that supportive remarks made about this by her supervisor and work colleagues confirmed her belief. The Centre was not a university or equivalent institution in the French educational system, and the applicant had not “five years of continuous service with the United Nations Secretariat by 31 December 1989”. These prerequisites did not...
