51ÁÔÆæ

Improper motives: The Tribunal held that the non-renewal of the Applicant¡¯s contract was motivated by improper motives in view of the fact that: (i) the Applicant¡¯s relationship with the UN Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant¡¯s deputy, who had unsuccessfully competed for the Applicant¡¯s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant¡¯s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent¡¯s repeated renewal of the Applicant¡¯s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.

For courts such as the UNDT and UNAT to be effective in the exercise of their respective jurisdictions, it is imperative that their decisions, however unpalatable they appear to a losing party, are obeyed and complied with, pending any judicial avenues for a remedy if the situation so warrants. The Tribunal holds that although the Statute is silent in as far as contempt provisions are concerned, the power to adjudicate on contempt is inherent in the jurisdiction afforded to the Tribunal by the Statute. The function of the Tribunal necessarily requires that its orders would be obeyed and not...

The Applicant had argued that the written reprimand was a veiled disciplinary measure and as such there was no need to request a management evaluation. The Tribunal does not agree as it is for the Tribunal to make a determination as to whether the sanction was a veiled disciplinary measure or not. In view of the preceding, the Tribunal finds and holds that the Applicant¡¯s claims contesting the managerial action of a written reprimand are not receivable as they were never submitted to a management evaluation as required under art. 8(1)(c) of the Statute of the Tribunal. As stipulated at para. 5...

As the request for management evaluation was not filed within the time limit prescribed by staff rule 11.2(c), the Tribunal rejects the application as irreceivable.

Regarding the first administrative decision, the Respondent submitted that this claim was time-barred because the Applicant had failed to request management evaluation of the contested decision in a timely manner even though the Management Evaluation Unit (¡°MEU¡±) had actually granted the Applicant leave to file the request after the time limit had already expired; a decision which the Under-Secretary-General of Management had subsequently affirmed in the management evaluation letter. As for the second administrative decision, the Respondent contended that the claim in relation to the relevant...

The Applicant considers that the disclosure requirements did not apply to him. The Respondent failed to establish that the Applicant was required to file a financial disclosure statement for 2006. The Tribunal rescinds the Applicant¡¯s written reprimand. Any record of it is to be removed from the Applicant¡¯s Official Status File.

The UNDT found that the application was time-barred as the Applicant had failed to file it within 90 calendar days of receipt of the response to his request for management evaluation, as required by art. 8.1(d) of the Statute. The Applicant also failed to refer to any exceptional circumstances that would justify the delayed filing of his application and that would warrant a waiver or extension of the applicable time limits.

The UNDT found that the decision of ESCAP to employ the external candidate on the maternity leave post, prior to advertising the vacancy, for the initial period of 1 February to 31 March 2011 and for one more month subsequently, while the selection process for the maternity leave post was ongoing, was lawful. The application was dismissed.

The Tribunal found that the application was filed within the applicable time limits. The Tribunal found that in respect to decision 3, the Applicant requested management evaluation outside the prescribed time limit and therefore the Application with regard to decision 3 was not receivable. Mediation and Time-Limits: If a party to a dispute makes mediation overtures within the applicable time lines for filing an Application and the other party consents to participation in the mediation process then the time limit for filing an Application is suspended and begins to run when the mediation has...