51ÁÔÆæ

The Tribunal finds the Respondent¡¯s application for interpretation as an attempt to have the Tribunal re-examine its Order, which is not a proper way to seek a reversal or modification of the Tribunal¡¯s Order. As the Appeals Tribunal clearly stated, the exercise of interpretation under art. 30 of the Dispute Tribunal¡¯s Rules of Procedure is not an avenue for review or the basis for a fresh judgment. It goes without saying that the motion is not receivable and must be dismissed. The Administration provided some reasonable explanation for the contested decision, which is supported by evidence...

The first issue is determining the Applicant¡¯s date of recruitment as that date establishes the legal framework for the Applicant¡¯s eligibility for ASHI. Under the applicable legal framework, staff members recruited before 1 July 2007 would be eligible for ASHI after five years of eligible service, whereas staff members recruited after 1 July 2007 would be eligible for ASHI after 10 years of eligible service. The Applicant held several appointments of limited duration in 2005-2010 before she was re-employed by UNDP on a fixed-term appointment in November 2010. The Tribunal found that, under...

Concerning receivability ratione temporis, which the Tribunal examined on its own motion, the Tribunal found that non-compliance with the deadline for technical reasons and supported by evidence falls outside the scope of art. 8.3 of its Statute, which requires a written request for an extension from an Applicant. As such, the Tribunal was satisfied that in this case, the Applicants filed their applications after the set deadline due to reasons outside of their control, which they timely flagged, and found the applications receivable ratione temporis. Concerning receivability ratione materiae...

At the time of the 9 March 2017 communication, the Applicant had been notified of the non-extension of his appointment neither had he received any individual communication regarding his separation entitlements. In short, his individual terms of appointment have not been affected and he had nothing to challenge yet. The first time when the individual decision may have transpired was on the occasion of receipt of a payslip which did not contain termination indemnity. That was the date of the contested decision indicated in the management evaluation. For a payslip to be accepted as such...

Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.

Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.

The UNDT cannot condone delay or adjust the time permitted for filing an application within the prescribed 90 calendar day limit. There must be a limit to such actions. The Applicant¡¯s given reasons for failing to meet the deadline were not exceptional. There was no long-term outage of her electrical supply or internet service to prevent her from seeing the email before the end of business in the New York time zone. The Applicant should have sought a waiver of the time limit or leave to file after the statutory timelines before the deadline for filing. The amendment to the UNDT statute was...

The Respondent repeatedly told the Applicant in writing from July 2018 to May 2019 that there was no change in his functions, and he was to perform the same duties that had always been assigned in Ramallah. The Respondent¡¯s many reiterations, up to May 2019, of the position made clear since September 2018 did not give rise to a new challengeable decision so as to bring forward the time within which a request for management evaluation could be made.; In accordance with staff rule 11.2(c) it was incumbent on the Applicant to challenge, in a timely manner, the underlying decision and any alleged...

Was the decision to abolish the Applicant¡¯s post lawful? Given that the role of the Tribunal is not to decide whether the Administration chose the best course of action among those available to it and in the absence of evidence of illicit motive, the Tribunal finds that the decision to abolish the Applicant¡¯s post was lawful. The Tribunal finds that the Administration has given reasons for the non-renewal of the Applicant¡¯s contract and has shown that the decision was neither arbitrary nor improper. Did the Applicant have a right to ¡°return to work¡± at the completion of her maternity leave...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...