The contested decision was linked to the decision to bar the applicant from entering the VIC in October 1999, when he was no longer a staff member of UNOV. Hence, the decision to deny his counsel access to the applicant’s OSF did not affect and could not have affected his terms of appointment. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.
The contested decision did not affect the applicant’s terms of appointment derived from his status as a former staff member or from his status as a retiree. Furthermore, there is not a contractual relationship between the applicant and the Organization derived from his voluntary service as a member of the Panel of Counsel. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.
Outcome: The application was dismissed.
The apportionment of points was not done fairly or objectively in two respects:- Experience: logically, either both the Applicant and the selected candidate should have received the maximum 50 points or the Applicant should have been given more than the selected candidate.- Languages: the Applicant’s had five less points than the selected candidate. An objective evaluation would have given her more. Outcome: The Tribunal found that evaluation of the Applicant’s candidacy for the concerned position was not carried out in a full and fair manner and awarded her compensation in the amount of 4...
In declaring the Applicant’s appeal time-barred on the issue of the reclassification of her post, the Secretary-General wrongfully considered that the Administration’s failure to take action on the Applicant’s appeal of a classification decision was an implicit decision of refusal that she should have contested within the time limits set forth in former staff rule 111.2 (a). ST/AI/1998/9 sets out special procedures for contesting a post classification or reclassification. In particular, it provides for the referral of the appeal to a Classification Appeals Committee. When an appeal is referred...
Outcome: Application dismissed, but the applicant awarded USD500 in nominal compensation for not being informed in time.
In his request for review to the Secretary-General, the Applicant contested the decision not to appoint him to the post of Chief (D-1), Information and Communication Technology Division, at ESCWA. Subsequently, in his appeal to the JAB, the Applicant sought to contest several other decisions. The only decision that the Tribunal is competent to examine is the decision for which administrative review was sought. The evaluation of candidates to a post falls within the discretion of the Secretary-general and the Tribunal will not substitute its views to that of the Secretary-General. However, as...
The Applicant withdrew her application and therefore UNDT closed the proceedings.
Outcome: The applicant is not entitled to have the note removed simply because no disciplinary proceedings were undertaken in respect of the investigation report. However, the note in its present form is inaccurate and must be removed. Its replacement, if any, must be accurate and first shown to the applicant, who must be given a copy of the investigation report to enable him to place such comment on the file as he wishes, providing it is reasonably connected to the investigation.
The application is prima facie not receivable before the UN Dispute Tribunal as it was filed, without leave, on 2 February 2010 and relates to a decision taken on 10 January 2008. The application was not pending before the former UN Administrative Tribunal when it ceased operations on 31 December 2009 and accordingly, this is not a case transferred from the UN Administrative Tribunal. No extension or waiver is granted and the application is rejected in its entirety.
