51ÁÔÆæ

The Tribunal held that since summary dismissal/termination may have been the possible outcome at the end of the disciplinary process, the Respondent had to establish by clear and convincing evidence that the daily casual worker (Mary) was transferred to MovCon as a result of the alleged sexual relationship between her and the Applicant. The Tribunal concluded that the facts upon which the disciplinary measure was based were not established and that the facts which were established did not legally amount to misconduct under the Regulations and Rules of the United Nations. Consequently, the...

Confirmatory decisions: Confirmatory decision do not have the effect of reopening the time limits for formal contestation, as the said time limits run from the time the original decision was notified to the concerned staff member.Future disputes: It is not for the Tribunal to pronounce itself on forthcoming disputes.Outcome:Application rejected on receivability

The application was filed approximately eleven months after the period stipulated in the Statute and the Rules of Procedure of the Tribunal and was therefore deemed to be time-barred. Additionally, the Applicant failed to make any submissions on the issue of receivability thus the Tribunal concluded that this was not an exceptional case to warrant a waiver of the time limit. The UNDT concluded that the application was time-barred and therefore not receivable.

The UNDT found that the Applicant¡¯s claims with regard to the issue of lien and loan were without merit. With respect to the issue of placement on special leave without pay, the UNDT found that the Applicant should have been placed on sick leave on half salary and half annual leave for a period of up to three months. The UNDT ordered the Respondent to make appropriate adjustments, including any related payments and adjustments to benefits and entitlements, to reflect the placement of the Applicant on three months of sick leave on half pay combined with half-day of annual leave commencing 22...

Jurisdiction: The Tribunal concluded that it did not have jurisdiction over this SOA in light of the fact that the Applicant had received a response to his request for management evaluation prior to the filing of his application. Thus, the contested administrative decision was no longer the subject of an ongoing management evaluation as required under art. 2 of the Statute.

The Respondent claimed costs for unnecessary litigation. The Tribunal dismissed the Applicant¡¯s claim in respect of the delay in submitting the PF4 form, ordered the Respondent to pay the Applicant the outstanding interest payment pursuant to Tolstopiatov UNDT/2011/012, and refused the Respondent¡¯s claim for costs. Enforcement of Judgment Order: The Tribunal ordered the Respondent to pay interest on the money which had not been fully paid under Tolstopiatov UNDT/2011/012 at the rate of the US Prime Rate plus 5 percent for the relevant time period. Costs: Whilst the Tribunal would discourage...

On the score of prima facie unlawfulness, the Tribunal noted that, in the letter to the; Applicant dated 19 November 2012, the Chief Human Resources and Planning Section (HRPS), informed her that her application of for the FS-5 post was not successful. The Applicant was also informed that a suitable positin had been identified for her, namely, a Claims Assistant at the G-6 level. The Tribunal found that the identification of a G-6 level post for the Applicant who at the time encumbered an FS-4 level post could not be considered a suitable position for the Applicant as required by sections 10.2...

Confirmative decisions: These decisions do not re-open time limits for formal contestation.

The Tribunal found that the PCO¡¯s role was vitiated by bias towards the Applicant, the evaluation of the Applicant was not objective, the selection exercise was unlawful and the Organization failed to discharge the burden of presumption of regularity. Naming of names: The Statute does not define ¡°personal data¡±, but for the purposes of judgments, it is unlikely to include names. Applicants are routinely named by the UNDT and UNAT in the headings of published cases except in circumstances where anonymity is granted by the Tribunal. Bias: In the legal sense, may be actual or apparent but either...

The Dispute Tribunal shall not award exemplary or punitive damages. The Tribunal did not find any procedural flaws in the competitive review process as it was implemented in the Applicant¡¯s case. All three candidates for the PIO posts were assessed against the same methodology and criteria adopted by the CRP. The Applicant was not accorded full and fair consideration for the second P-3 PIO post in UNMISS contrary to the policy adopted by the CRP. In this regard, there were both substantive and procedural irregularities on the part of the Respondent.The Applicant is entitled to compensation for...