51ÁÔÆæ

The Tribunal found the application receivable since the contested decision was a new and separate aministrative decision distinct from any decisions issued by the UNJSPF Board in relation to their pensions. The Secretary-General decided not to grant the relief requested by the Applicant in the contested decision and thus this is a separate administrative decision.; There was no mention in the Applicants¡¯ acceptance of their appointments confirming that they were also provided with a copy of the UNJSPF Regulations, being therefore aware of their content and accepting their contracts to be...

The decision to temporarily withhold the Applicant¡¯s final entitlements pending the completion of the investigation by OAI into allegations of fraud, collusion, conflict of interest and misuse of authority was not receivable since it did not constitute an appealable administrative decision within the meaning of article 2.1 (a) of the UNDT Statute. The application was not receivable, ratione materiae, since the contested ¡°decision¡± did not have direct legal consequences for the Applicant. Additionally, the Applicant took the decision to resign, notwithstanding being advised that in doing so a...

Was the Applicant¡¯s candidature given full and fair consideration?; As an international multilateral organization with Member States having different descriptions in respect of academic qualifications, the Organization has a contractual obligation and a duty of care and due diligence towards its staff members to ensure that their candidatures are fairly and properly considered. The use of Anglo-Saxon terms to the apparent exclusion of the terminology used by other educational systems is not consistent with the proper exercise of that duty of care, or of the fair consideration of the Applicant...

Was the Applicant¡¯s candidature given full and fair consideration?; As an international multilateral organization with Member States having different descriptions in respect of academic qualifications, the Organization has a contractual obligation and a duty of care and due diligence towards its staff members to ensure that their candidatures are fairly and properly considered. The use of Anglo-Saxon terms to the apparent exclusion of the terminology used by other educational systems is not consistent with the proper exercise of that duty of care, or of the fair consideration of the Applicant...

The Applicant stated in his application that he had not requested management evaluation of the impugned decision. The Applicant cannot now make such request, as it was required to be made 60 days after he was notified of the contested administrative decision (see staff rule 11.2 (c)). That is, 60 days after 18 April 2017, which was the date of the impugned decision. The time to request management review thus expired on 17 June 2017, over a year before the application was made (19 June 2018); Given the Applicant did not seek management evaluation of the contested decision, the Tribunal had no...

While the Applicant was not required to request management evaluation before filing this application, she was, however, required to file her application with UNDT within; 90 calendar days of receiving the contested decision. The Applicant¡¯s 25 March 2018 motion for waiver failed 51ÁÔÆæ the stringent requirement pronounced by the Appeal¡¯s Tribunal in Thiam because it was not filed prior to the filing of her substantive application but more than five months after the fact. Additionally, the Applicant¡¯s passing mention of receivability in her 17 October 2017 application cannot be...

The Applicant, as an ad litem judge of the ICTY, is considered to be a ¡°non-Secretariat United Nations official¡±. It follows that the Applicant cannot be considered as a former United Nations staff member within the meaning of art. 3.1 of the Dispute Tribunal¡¯s Statute. Whilst being fully cognizant of the Applicant¡¯s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal¡¯s Statute...

The failure to re-interview the subject of an investigation to confront him/her with additional gathered evidence constitutes a breach of his/her due process rights: the contested disciplinary decision is unlawful since it was taken based on the evidence and recommendations of the SIU/UNAMID investigation reports issued in January 2013 and December 2013, even though the SIU/UNAMID continued the investigation and gathered additional evidence from two witnesses in January 2015 and April 2015. The new evidence was never brought to the attention of the Applicant or of the decision-maker before...

The Tribunal noted that the Applicant filed her application on the merits on 26 March 2018, namely on the same day on which she filed her two requests for management evaluation. The Tribunal recalled that according to art.8.1(d)(i)(b) of its Statute, the Tribunal is competent to hear an application that is filed within 90 calendar days of the expiry of the relevant response period for management evaluation, which in the case at hand was 45 days. Having filed the application on the same day as the two requests for management evaluation, the Tribunal found that it was not competent to hear it...

Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...