51ÁÔÆæ

UNDT held that the Application was receivable on the ground that a decision not to select a candidate for a post is an administrative decision within the jurisdiction of the Tribunal. UNDT held that the Application was not res judicata. UNDT noted that the issue in the present case regarded a different administrative decision from the one deemed not receivable in a previous Judgment (Case No. UNDT/NBI/2013/014). UNDT held that the Applicant had knowledge of the decision not to appoint him to the Special Representative of the Secretary-General post on 22 May 2013 and that time for a request for...

When joining UNOPS in 2009, the Applicant¡¯s nationality for UN purposes had been recorded as French. Since then, he had submitted various requests to have this changed, however, despite several negative decisions rejecting his request he submitted a request for management evaluation only in 2013. He had also, while being aware that his request for change of nationality was rejected, submitted education grant claims. These claims were approved and processed by UNOPS, by mistake, and between 2011 and 2012 he was paid over USD60000 for school years 2009 through 2012. The Tribunal found that the...

The Tribunal found that the application was not receivable ratione materiae, since it was directed against decisions with regulatory power. The issuance of secondary salary scales to staff recruited on or after 1 March 2012 is not of individual application and does not produce direct legal consequences; it constitutes an administrative act with regulatory power, but not an administrative decision under the terms of art. 2.1(a) of the Tribunal¡¯s Statute. The freeze of existing salary scales in effect since 1 August 2010 applies to a group of staff members defined exclusively by their status and...

The Tribunal found the application irreceivable for want of management evaluation request.

The Tribunal considered that the Applicant as a party cannot file a motion for intervention in her own case, and that her request for intervention by the Tribunal in the rebuttal process is not receivable ratione materiae, thus leaving no legal ground for an interim measure.

This case was first decided by the Dispute Tribunal by Leboeuf et al. UNDT/2010/206, rendered on 30 November 2010. The case, however, was remanded by the United Nations Appeals Tribunal for ¡°further proceedings¡±. The UNDT found that the Applicants' claims against the lawfulness of the change introduced in December 2004, with effect from January 2005, are time-barred and not receivable under arts. 8.3 and 8.4 of the Tribunal¡¯s Statute. The UNDT found that it had no jurisdiction to consider them and the application was receivable only with respect to the subsequent application of the policy on...

The Tribunal concluded that the contested decision was unlawful in light of extraneous factors and the Respondent¡¯s failure to adhere to the rules on performance.

Performance appraisal: The Tribunal noted that even before the Applicant¡¯s individual performance work plan had been approved by his first reporting officer; his second reporting officer was making efforts to terminate his contract. The Tribunal held that it was unreasonable and inappropriate for the Applicant¡¯s performance to be measured against outputs and performance indicators that had neither been defined nor approved by his...

The Tribunal found that the first part of the application was not receivable, since the decision to pay the multiplier of 65.5 from 1 August 2012 through 31 January 2013 to all professional staff member with duty station New York, constitutes a decision with regulatory power and not an administrative decision under art. 2.1(a) of its Statute. The Tribunal further found that decision to pay the Applicants the amount calculated on the basis of the 65.5 for the month of January 2013 as reflected in their respective statement of earning, constitutes an administrative decision hence the application...

Legitimate expectation ¨C The Country Office¡¯s Core Management Group meeting of 29 February 2012 decided that all international staff, including the Applicant, would be extended for one year and the Applicant knew of the decision. This Tribunal finds that the decision taken at a regular and proper Country Office Core Management Group meeting to extend the contract of a staff member, which decision is embodied in open recorded minutes and accessible to staff members, carries far greater weight than any ¡®express promise¡¯ that can be made to the said staff member about extending his contract. The...

The parties agreed that the facts were not contested and that the issue for the Tribunal¡¯s consideration was whether the disciplinary measure of separation from service with compensation in lieu of notice and without termination indemnities was proportionate to the Applicant¡¯s conduct. Taking the mitigation circumstances into consideration, the UNDT found that the sanction was not proportionate to the facts and substituted it for the lesser sanction of separation from service with termination indemnities. The Tribunal agrees with the facts that the Applicant¡¯s conduct was improper and that she...