51ÁÔÆæ

Receivability: The Tribunal concluded that MEU had taken a rather restrictive view of the nature of the Applicant¡¯s request when it deemed it to be irreceivable. While it cannot be disputed that the Applicant requested closure of the investigation against him, and the investigation was closed, he also listed a number of instances that, in his view amounted to ¡°violations of procedural fairness¡±. The procedural matters did not exist in a vacuum but were connected to the investigation. The closure of the investigation notwithstanding, the Tribunal found that there were still live issues that...

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

The UNDT found that there was change of official duty station and that, as a result, the application of Entebbe¡¯s post adjustment rate and payment of DSA for only 30 days were lawful. The Tribunal also dismissed all the other Applicant¡¯s contentions. As a preliminary matter, the Tribunal examined the receivability of the application given that the parties disagreed on the date on which the Applicant ought to have known of the decision. The Tribunal found that the application was receivable. Receivability ¨C Notification of an administrative decision: The Administration is obliged to communicate...

The Tribunal found that the case was one of termination of mandate, rather than of abolition of post under the relevant rules; hence, the decision to terminate the Applicant¡¯s permanent appointment was illegal. It further decided that even if one were to follow the Respondent¡¯s argument that it was post abolition, such abolition needed the approval of the Board of UNICRI which had not been obtained. Finally, following the argument that it was post abolition, the Tribunal noted that the Administration clearly failed 51ÁÔÆæ its obligation to make reasonable and good faith efforts under...

The Tribunal found that the belated filing and the accompanying legal advice and arguments advanced by OSLA Counsel on behalf of the Applicant in the context of the prior proceedings did not constitute an administrative decision subject to appeal before the Tribunal. The application was dismissed as not receivable.

Lawfulness of non-renewal decision: The Tribunal held that the instructions from UNHQ about the need for UNMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is ¡°the improper use of a position of influence, power or authority against another person¡±. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...

The Tribunal found that filling a vacancy by laterally transferring a staff member holding the same grade and within the department of the vacant post, without undergoing a full-fledged selection procedure under the staff selection system, does not per se violate the applicable legal framework. Lateral transfer under sec. 2.5 of ST/AI/2010/3: Sec. 2.5 of ST/AI/2010/3 explicitly provides for the possibility of transferring staff within their departments or offices to job openings at the same level without following the procedures laid down in the staff selection system. This provision does not...

There was a valid offer of employment made to the Applicant, which was subsequently withdrawn. Thus, the Applicant acquired the status of an individual entitled to seek redress before the Tribunal. The act of requesting the waiver following the issuance, and acceptance, of the offer of appointment formed part of a continuum of events which should properly have led to the Applicant being appointed to the position she was sought out for. Noting that the decision not to appoint the Applicant would probably not be rescinded, the Tribunal, in the alternative, awarded her 18 months¡¯ net base salary...

The Tribunal found, on receivability, that this amounts to an appealable administrative decision, insofar as it had direct effects on the Applicant¡¯s rights, and on the merits, that filling a vacancy by laterally transferring a staff member holding the same grade and within the department of the vacant post, without undergoing a full-fledged selection procedure under the staff selection system, does not per se violate the applicable legal framework. Direct legal effects: A decision to fill a given vacancy through a lateral movement has direct legal effects on the rights of potential candidates...