51ÁÔÆæ

The Tribunal finds no flaws in the procedure leading to the dismissal of the Applicant. It further finds, based on its assessment of the intern¡¯s credibility and on the evidence available, that the facts have been established. It also concludes that they qualify as misconduct, even though the Respondent erroneously relied on ST/SGB/2008/5; the latter was indeed issued on 11 February 2008 and was therefore not applicable at the time of the misconduct. Finally, the Tribunal, recalling the Secretary-General¡¯s discretion in disciplinary matters and considering the circumstances of the case, finds...

The application was dismissed in its entirety upon the resolution of the dispute by an agreement reached through mediation.

Regulatory decisions v. individual administrative decisions: An applicant may plead the unlawfulness of a regulatory decision only in the context of an appeal against an individual administrative decision taken on the basis of such regulatory decision. The Tribunal may not rescind a regulatory decision.

The UNDT found that the decision of ESCAP to employ the external candidate on the maternity leave post, prior to advertising the vacancy, for the initial period of 1 February to 31 March 2011 and for one more month subsequently, while the selection process for the maternity leave post was ongoing, was lawful. The application was dismissed.

Decisions (a) and (b) are found not receivable and decision (c) is found to be unfounded. The Tribunal also finds that the Applicant¡¯s request for management evaluation (MEU request) included a request for SPA which was not addressed by the Organization. The Applicant did not pursue the applicable procedure established in ST/AI/1998/9. In the absence of an actual administrative decision denying a request for reclassification, the application against the continuous refusal to reclassify his post from the P-4 level to the P-5 level is not receivable.The Applicant¡¯s MEU request indicated that he...

The UNDT found that the Applicant did not have legal standing in this case as he had not applied for the advertised job opening.

The UNDT rejected the application as irreceivable, for he only requested management evaluation of the two decisions years after he knew, or should have reasonably known, of the Administration¡¯s inaction.

The Applicant argued that the decisive fact in support of his application for revision was the alleged perjury of the complainant during the hearing on the merits of Case No. UNDT/GVA/2011/047. The Tribunal found that the audio recording of the hearing did not, and could not, amount to and/or contain new decisive facts unknown to the Dispute Tribunal at the time Judgment UNDT/2011/181 was rendered for it contained all the information and testimony heard by the respective Judge before adjudicating the matter, and his judgment was based on the testimony given by the complainant. The Tribunal...

Hence, the pre-requisite of seeking management evaluation prior to filing an application before the Tribunal was not met. While, in an earlier management evaluation, the Applicant contested the decision not to advertise any posts of Russian Translator, P-3 at UNON, even assuming that this management evaluation covered the decision impugned in the application, the latter was not filed within the statutory 90-day time limit as from the receipt of the reply to this earlier management evaluation request.

The Tribunal found that requiring candidates to such a post to type in Russian their answers to the written test was not unfair or unreasonable and noted that, in any event, this requirement was eventually lifted at the Applicant¡¯s request. The fact that graders may have been able to identify his test because it was handwritten or the fact that the Applicant was advised that he was allowed to handwrite shortly before the written test deadline do not vitiate the test, as they arise from the Applicant¡¯s desire to and result from the Administration¡¯s efforts to accommodate his concerns. Also, the...