51ÁÔÆæ

The Tribunal held that MONUSCO¡¯s 17 October 2014 inter-office memorandum unambiguously informed the Applicant of the mission¡¯s decision to end his appointment, which at this point was a continuing appointment, by separating him from service on 24 October 2014. The Tribunal held that the 17 October 2014 inter-office memorandum was an administrative decision because it had a direct and adverse impact on the Applicant¡¯s contractual status and had direct legal consequences for him. The Tribunal concluded that the FPD/DFS response of 31 October 2016 was a reiteration of the 17 October 2014 decision...

The Applicant submitted that his initial ¡°informal¡± enquiries into a possible review of his retirement age only began in July 2016, and that his first formal query of the date was not until 13 August 2016. It was difficult to imagine why the Applicant never thought to query the applicable position, or seek to have the mandatory retirement age in respect of himself reviewed, until five months before he was actually due to retire. Indeed, the Applicant had not sought to even challenge any of the Respondent¡¯s submissions on receivability. While the Tribunal appreciated that a self-represented...

Receivability before the UNCB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the UNCB, the relevant staff member is required (¡°shall¡±) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to UNCB: (a) to notify the United Nations authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the...

Receivability ratione materiae: The application is receivable ratione materiae if the applicant is contesting ¡°an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment¡± (art. 2.1 of the Statute) and if the applicant previously submitted the contested administrative decision for management evaluation, where required (art. 8.1(c) of the Statute).

The Tribunal (a) granted the application in part, (b) rescinded the contested decision in part and replaced the excessive and unlawful disciplinary measure of dismissal with the lesser sanction of separation from service with termination indemnity; (c) ordered the judgment to be included in the Applicant¡¯s official status file and all references relating to the disciplinary sanction of dismissal to be removed from this file and to be replaced with the new sanction, namely separation from service with termination indemnity; and (d) in the event that the Respondent would decide not to rescind...

Request for execution of orders on suspension of action: The Tribunal does not have jurisdiction to enforce the execution of an order for suspension of action under art. 12 of its Statute and art. 32.2 of its Rules of Procedure. The Tribunal is not authorised either to circumvent these explicit provisions by using its power under art. 36.1 of its Rules of Procedure to extend its competence beyond the limits defined by the General Assembly in the Tribunal¡¯s Statute.

The Tribunal cannot consider a hypothetical scenario concerning which there is no instant case or controversy before the Tribunal. The Tribunal rejected the request for interpretation noting that the decision was clear and unambiguous and considered the Applicant¡¯s request to, in essence, be requesting the Tribunal to address a hypothetical future scenario.

Whilst the prescribed form refers to ¡°judgments¡± and not ¡°orders¡±, the Tribunal found that this is a matter of form and not substance. The Tribunal found that the suspension of action Order No. 276 (NY/2016) was dispositive of the case at the time, and it also found that the motion under review submitted by way of a motion for correction of a judgment on Form UNDT/F.8E rev. 1 of July 2011 was receivable. The Tribunal considered whether, since the Applicant was requesting para. 13 of Order 276 be modified to include a subsequent occurrence, a revision was warranted under art. 29 of the Dispute...

Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the Organization¡¯s internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a mere communication conveying discontent to ¡°management¡± does not amount to a formal management evaluation request. Management evaluation is a formal process involving a request to the body specifically vested with the authority to look into a contested decision, to consider whether it conformed with the applicable rules of the...

Due diligence: A delay in payment of an entitlement under the Staff Rules and Regulations can constitute a violation of a general principle of due diligence and good faith towards staff members, enshrined in the Charter of the United Nations, which is a structural principle of good management practice. Undue delay: In order to assess whether a delay in payment of an entitlement is undue, the Tribunal will look into the time payment would have taken had normal workflows been respected. A delay of eleven months in payment of an entitlement is undue and may warrant compensation provided the...