51ÁÔÆæ

The Applicant, who had been separated on 31 December 2012, filed a report to OIOS in January 2013 referring to ¡°gross breaches of UN project management and procurement rules and regulations¡± (part A of the complaint), ¡°mal intended recruitment¡± (part B of the complaint) and ¡°misconduct of supervisor¡± (part C of the complaint). He appealed the OIOS decision not to launch an investigation into his report and ¡°not to provide him with the requisite information and to provide misleading information¡±. The Tribunal found that the application with respect to the decision not to investigate part A was...

The Tribunal found that the acts described under (1), (4) and (5) did not meet the definition of a challengeable administrative decision, whereas the Applicant¡¯s contention with regard to (2) was moot since her appointment had been extended by the Organization and she was not separated after 31 December 2013. The Tribunal further rejected the Applicant¡¯s contention made under (3), as it considered that she did not fall under the categories of staff members for which the Assistant Secretary-General for Human Management has the authority of exceptional placement outside the normal selection...

e was working as Project Manager on an extra-budgetary project, funded exclusively by one member state, and his FTA was limited to his post and department. The decision was based on the discontinuation of the project funding by the Donor. The initial decision had been notified to the Applicant on 13 November 2012, and he requested timely management evaluation thereof. However, upon misleading advice from the MEU, he subsequently submitted a new request for management evaluation against the second, confirmative decision not to extend his appointment beyond 31 May 2013. Thereafter, upon receipt...

The ST/SGB/2008/5 requirement for the administration to act promptly on complaints of prohibited activity was not observed in the case of the Applicant¡¯s complaint. UNDT required more information on the present state of the process and held that this case was suitable to remand for institution or correction of the required procedure. UNDT suspended the proceedings and orderd the Secretary-General to advise UNDT of the present position of the investivgation into the Applicant¡¯s complaint and whether he concurs with the remand of the case for institution and correction of the procedure under ST...

The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal¡¯s Statute. C

The application was dismissed in its entirety. The Tribunal also found that the Applicant has manifestly abused the proceedings before it. The Applicant was ordered to pay costs in the sum of USD 2,000 for abuse of process. On receivability: The Tribunal found that the PDF version of the application attached to the email of 15 September 2012, also copied to OHRM and EO/OCHA, met the requirements of art. 8 of the Rules of Procedure of the Dispute Tribunal. It was moreover identical to the application filed through the e-filing portal on 15 October 2012. The Respondent¡¯s contention that the...

The application was rejected and the Applicant was ordered to pay costs in the sum of USD 1,500 for abuse of process. On receivability: The absence of a response by the Office of Human Resources Management (OHRM), during a delay of ten working days between the Applicant¡¯s request on 14 March 2014 to carry out an investigation and his request for management evaluation on 28 March 2014, could not reasonably and sensibly be considered as an implied unilateral decision. It could also not be construed as a failure to act promptly in accordance with ST/SGB/2008/5. There is no appealable...

Management evaluation: The Tribunal held that the Applicant nullified his request for management evaluation by asking the Management Evaluation Unit (MEU) to put his request on hold indefinitely and by not seeking reinstatement of said request later on. Administrative decision: The Tribunal concluded that although the Applicant filed a management evaluation request, there was no administrative decision within the meaning of article 2.1 of the UNDT Statute outstanding when this request was filed because his fixed term appointment had been extended to 30 June 2012.

What the Applicant is seeking to challenge is the Secretary-General¡¯s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General¡¯s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal¡¯s jurisdiction.

What the Applicant is seeking to challenge is the Secretary-General¡¯s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General¡¯s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal¡¯s jurisdiction.