Receivability/lack of legitimate interest to appeal: By the time the Applicant filed her application, the contested decision had already been overturned. Hence, she had no legitimate interest in contesting it before the Tribunal. The application is thus irreceivable.
Receivability/lack of legitimate interest to appeal: By the time the Applicant filed her application, the contested decision had already been overturned. Moreover, it had not caused her any prejudice. Hence, she had no legitimate interest in contesting it before the Tribunal. The application is thus irreceivable.
The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.
Outcome: The Tribunal awarded the Applicant USD25,000 for the breach of his rights and the resultant harm. The Applicant also contested the decision to remove some of his functions from him and modify his reporting arrangements, to initiate and carry out a fact-finding management review in relation to his performance, and to place him on special leave with full pay (“SLWFP”). The UNDT made the following findings. The Respondent failed to meet its obligations for assessing and managing the performance of the Applicant. The Respondent did not fully and fairly raise the performance issues at the...
UNDT found that there was no evidence before the Tribunal that would suggest that the Chief, FASB, did not follow any of the applicable rules in denying the Applicant’s request in reliance upon MSD’s recommendation. The fact that the Applicant had not been provided with a reason as to why the treating physicians opinions were not accepted is not at issue in the present case and does not of itself impugn the integrity of the decision. UNFPA’s reliance on MSD’s recommendation was not improper nor was it an impermissible option for the manager to take within the ambit of his responsibilities.The...
The UNDT found that, having waited for approximately one year and a half to raise claims regarding the alleged lack of access to the United Nations cafeteria facilities, the Applicant acquiesced to the arrangements put in place by the Respondent in view of the renovation-related requirements. The UNDT further found that, in view of the CMP-related requirements that necessitated the move to the Madison Building, the Respondent put in place alternative measures that were neither unreasonable nor unfair. The UNDT rejected the application.
Following inter partes discussions pursuant to case management directions by the Tribunal, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement. The UNDT stated in the judgment that, there no longer being any determination to make in view of the Applicant’s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.
The Tribunal found that the ICTR management was right 51猎奇 the checking out procedures by withholding the Applicant’s checkout since had been part of a committee that had not rendered financial accounts. The Applicant had been a member of an executive committee that had left office without accounting for finances during their tenure which prompted the ICTR management to withhold some of the Applicants entitlements until such accountability is undertaken. Accountability: The Applicant cannot reap a harvest of compensation from his own lack of accountability. He did not deny that he...
The Tribunal found that most of the Applicant’s claims were time barred and that those which were not time barred were without merit. It was found that UNON had paid the Applicant’s SPA for the periods when he was entitled to it and that he no longer had any legitimate claims for SPA against UNON. Employment Contract: A contract of employment is personal between the employee in each case and the employer. The terms of one’s employment as stipulated in the letter of appointment or contract of employment is binding in personam between staff member and the organization and one cannot seek to...
The Tribunal finds, inter alia, that no international labour standards or the United Nation’s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal’s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...
