51ÁÔÆæ

In the present case, the Administration must be deemed to have made good faith efforts to identify a position for the Applicant, for it actually offered him an adequate position. For a position to be considered adequate, it is not sufficient that it is at the same level than the previous position of the concerned staff member. It is also required that it be in line with his/her skills, qualifications and experience. Anyone alleging that a given decision was based on improper motivation bears the burden of proof. Outcome: The application was rejected. UNADT Judgment No. 910 (1998)

UNDT found that the Applicant, requested on two occasions to make the necessary corrections to her application, had failed to do so. UNDT dismissed the application finding that the Applicant is no longer interested in pursuing her case.

The Tribunal found established the facts of which he was accused and considered they constituted misconduct, no irregularity was identified in the procedure and the sanctions were not deemed disproportionate. However, unlike the written censure and demotion, the prohibition of promotion for a certain period of time was not among the range of disciplinary measures foreseen in former staff rule 110.3 (a), which rendered its imposition unlawful, pursuant to the principle nulla poena sine lege. Hence, the said sanction was rescinded and CHF1000 granted as compensation for the loss of chances...

The Tribunal noted that the case was one of the cases provided for under Section 4.2 of ST/SGB/2009/11 on transitional measures. At the outset, the Tribunal declared the application irreceivable with respect to any claim which had not been raised previously in the request for review to the Secretary-General. The Tribunal further raised ex officio the issue of the receivability ratione personae of the application since the decision not to select the Applicant to the post was taken when the Applicant was a former staff member. The Tribunal noted that article 3, paragraph 1 (b), of the UNDT...

The Tribunal finds that the decision to summarily dismiss the applicant is not tainted by any irregularity, that the facts are established, that they amount to misconduct and that the sanction of summary dismissal is proportionate to the seriousness of the misconduct. UNDT jurisdiction: The Tribunal has no power to compel a person external to the Organization to appear before it as a witness. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine whether the procedure followed was regular, whether the facts in question are established, whether...

The judge must raise on his/her own motion the issue of receivability of an application and in particular verify whether the requirements of former staff rule 111.2 (a) have been complied with since the request for review of an administrative decision is a mandatory prerequisite for filing an appeal before the UN Dispute Tribunal. The absence of the request for review leads to the irreceivability of the application (see judgments UNDT/2010/158, Osman; UNDT/2009/070, Planas; UNDT/2009/054, Nwuke; UNDT/2009/035, Caldarone). The Tribunal¡¯s competence is limited, pursuant to art. 2.1 (a) of the...

The application was withdrawn by the Applicant.

In its Judgment 2010-UNAT-029, El-Khatib, the Appeals Tribunal upheld the jurisprudence of the former UN Administrative Tribunal whereby only circumstances beyond the applicant¡¯s control that prevented him from timely pursuit of his appeal can be regarded as exceptional. The fact that the applicant believed at first that the contested decision was lawful is not an exceptional circumstance, the more so as he had the possibility to obtain information on the applicable rules from the Administration. In El-Khatib, the Appeals Tribunal further recalled that ¡°candidates for a public post are...

The applicant was not separated because of an organisational necessity neither because of the expiry of his short-term contract -he did not have a signed contract. He was separated because of a disciplinary measure following the findings of the selection panel. The separation of the applicant was unlawful for two reasons: the decision was made without proper delegated authority (the authority to terminate a short-term appointment as a result of disciplinary measures has not been delegated by the Secretary-General in accordance with ST/AI/234/Rev.1) and the process was in violation of the rules...

The applicant was not separated because of the expiry of his short-term contract -he did not have a signed contract- but because of a disciplinary measure following the findings of the selection panel. The separation of the applicant was unlawful in two respects: the decision was made without proper delegated authority (the authority to terminate a short-term appointment as a result of disciplinary measures has not been delegated by the Secretary-General in accordance with ST/AI/234/Rev.1) and the process was in violation of the rules governing separation as a disciplinary measure, including...