The Tribunal found that the decision to abolish the post of Senior Child Protection Officer in Darfur, Sudan is not subject to judicial review. That aspect of the application was non-receivable ratione materiae. The Tribunal found that the Administration did not act unlawfully by not renewing the Applicant’s contract because the contract itself was clear that it was expiring on 31 December 2018. Fixed-term contracts carry no expectation of renewal.
The authority to grant an SPA, which, at Annex IV to ST/SGB/2019/2, is delegated to Heads of entity (D-1 and below) and which the Officer in Charge exercised in handling the SPA request is different from the authority to grant an ex gratia payment. The Applicant did not provide any evidence to prove that the authority to award an ex gratia payment was at any point delegated from the USG/DMSPC. In the absence of evidence of express transmission of authority, the Tribunal was not satisfied with the Applicant’s assertion that the Acting Director of the Admiistrative Services Division had...
The authority to grant an SPA, which, at Annex IV to ST/SGB/2019/2, is delegated to Heads of entity (D-1 and below) and which the Officer in Charge exercised in handling the SPA request is different from the authority to grant an ex gratia payment. The Applicant did not provide any evidence to prove that the authority to award an ex gratia payment was at any point delegated from the USG/DMSPC. In the absence of evidence of express transmission of authority the Tribunal was not satisfied with the Applicant’s assertion that the Acting Director of the Administrative Services Division had...
With regard to GJO No. 425940, the Tribunal found that the Applicant had been notified on 19 February 2014 that his application had been unsuccessful. The Applicant did not request management evaluation of that decision until over four years later. Consequently, the Tribunal held that the claim relating to GJO No. 425940 was not receivable ratione materiae and it was dismissed. For GJO No. 76109, the Tribunal held that the Applicant had not satisfied his burden of proof to show through clear and convincing evidence that the Administration did not give his candidacy fair and adequate...
The first contested decision – the ICSC refusal to address the Applicant’s request for payment of compensation for the sexual harassment she was subjected to by the ISCS Chair is moot because the current Chair of the ICSC eventually responded to the Applicant’s request. The Chair of the ICSC is not staff of the Secretariat and therefore falls outside the scope of ST/SGB/2008/5, or the Staff Regulations and Rules. The ICSC decision not to compensate the Applicant for the sexual harassment she was subjected to by the former Chair (second contested decision) is not attributable to the Secretary...
The Applicant’s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client’s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...
The application in respect of the alleged non-compliance with the second agreement is premature, and as such not receivable, because the Applicant has not followed the mandatory dispute resolution process contained in said settlement agreement concluded in July 2017. The Applicant’s multiples and generic complaints that the Organization has failed to follow its own rules and procedures, and her assertions regarding the conduct of her current and former reporting officers at UNGSC do not constitute administrative decisions under Article 2(1)(a) of the Tribunal’s Statute. The Tribunal DECIDES to...
Article 13 of the applicable Appendix D requires the ABCC to make its determination “on the basis of reports obtained from a qualified medical practitioner or practitioners”. The scope of the ABCC’s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above). As convincingly explained by the Applicant’s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it—PTSD is per definition a post traumatic...
The Applicant had a contractual right to be recruited as the Respondent provided no reason whatsoever for not doing so after having issued an offer of appointment.
The application was not receivable because the Applicant did not derive negative consequences from the putative error in the EOD date.
