51ÁÔÆæ

As part of a closing statement, the Applicant submitted new written evidence. The Tribunal rejected all new evidence as this evidence could have been submitted before the closing of the proceedings and no exceptional circumstances justified the late submission. The Applicant was not fully informed of all the evidence upon which the Administration would rely to impose the disciplinary sanction. However, he was nevertheless informed of the allegations against him and therefore the Tribunal proceeded to a de novo review of the facts and a judicial review of the remaining aspects of the case. It...

The Tribunal concluded that the Applicant had attempted to physically remove M, the staff member of a WFP contractor, from WFP premises and that in so doing, he had been imprudent and reckless since he could have sought the assistance of security personnel. The Tribunal found, however, that the allegations that the Applicant had initiated the fight with M and continued to fight severely and inflict serious injuries on him, had not been established by clear and convincing evidence. The Tribunal further found that in imposing the disciplinary sanction on the Applicant, WFP had unlawfully...

Receivability The Tribunal found that the ASG, OHRM¡¯s failure to take action on the Applicant¡¯s complaint almost nine months after its filing, taking into account only the period that preceded the request for management evaluation, is a clear violation of the provisions of ST/SGB/2008/5. The Tribunal considered that the Administration¡¯s failure to act on the Applicant¡¯s complaint amounted to an implicit administrative decision that was subject to judicial review. The application was therefore considered receivable. Merits The Tribunal found that the failure to process the Applicant¡¯s complaint...

Receivability What is the contested decision? The Tribunal found that the Applicant did not contest the decision to grant her a permanent appointment, as argued by the Respondent. Rather, the Applicant contested the decision not to ¡°provide her with an effective remedy¡± after having been granted a permanent appointment with retroactive effect to 30 June 2009, namely not being given employment against the permanent appointment or, in the alternative, not being granted compensation equivalent to the termination indemnity. Does the principle of ¡°res judicata¡± apply? The Applicant requests to be...

The Tribunal found that the contested decision was unlawful based on the Respondent¡¯s admission that ¡°although there were legitimate reasons to abolish the Applicant¡¯s post, the decision to do so, which led to the non-extension of her appointment [¡­] was based, in part, on flawed considerations¡±. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. Remedies The Tribunal noted that the Applicant worked as an Operations Manager, at the NO-C level, in the UNICEF Morocco Country Office. She worked on a fixed-term appointment since February 2010...

Non-renewal of the Applicant¡¯s FTA Given the financial situation, the Tribunal finds that the challenged decision is not ultra vires, being for the administration to evaluate the opportunity to renew temporary contracts according to the financial situation of that time. The lawfulness of the non-renewal decision must be evaluated with reference to the situation of the moment in which the decision was taken. However, in presence of a contract whose effects remain for a longer period, and which do not require non-renewal notices, the reason constituting the ground of the administrative decision...

The Applicant timely requested management evaluation of the contested decision and has met the procedural requirements to have this Tribunal adjudicate her case. The application is therefore receivable ratione materiae. The Tribunal considered that from provisions in ST/AI/2010/5 and ST/AI/2010/4, derives a general principle to complete performance evaluations before separation applicable also to staff members holding a fixed-term appointment. The Tribunal found that the Organization had to make a balancing exercise of the Applicant¡¯s different performance results and could not simply act as...

Regardless of the source of information published in public articles, the decision to issue a press release in response to publications falls, as a matter of principle, within the discretion of the Organization and is a managerial prerogative. Organizations subject to a high level of public scrutiny, which is the case of the UN, have a right to respond to public allegations and to defend their interests, their image, and, ultimately, their work within the boundaries set by their internal law. In the current case, the Tribunal needs to assess if the content of a press release impacted the...

In plain English, the term ¡°net base salary¡±, does not have any meaning on its own, and no authoritative definition is found in the relevant legal framework or the employment contract. The purpose of post adjustment is to ensure equity in purchasing power of staff members across duty stations. Net base salary represents the minimum, or floor remuneration payable, is defined as gross base salary minus staff assessment, and does not include post adjustment.

The Tribunal found that the rebuttal panel was properly constituted. The Tribunal found that the rebuttal panel¡¯s review of the evidence complied with the applicable norms. The Tribunal found that the Applicant¡¯s medical condition was not an excuse for his reported poor performance. The Tribunal found that because the Applicant¡¯s report of abuse of authority against his supervisor was only filed after the performance appraisal was completed, it had no bearing on the appraisal.