51ÁÔÆæ

Based on the JAB recommendation, the Secretary-General had previously awarded the Applicant the amount of USD23,400 (three months net base salary) in compensation for an error in the consideration of her academic qualifications during the selection process. The Tribunal found that, in addition to the above-mentioned error, a number of substantial procedural irregularities had tainted the selection process, including the fact that the Senior Review Group had failed to pre-approve the evaluation criteria as required by ST/AI/2002/4 and met without having developed and published its own...

Receivability: Since the Applicant was a staff member of UNOG when the contested decision was taken, it indeed affected his terms of appointment. The Tribunal is thus competent to examine the case in accordance with article 2.1 of its Statute. Selection procedure: UNHCR based its decision on the advice of UNDSS which did not grant clearance to the Applicant¡¯s candidacy. However, UNHCR was not compelled to follow the advice of UNDSS concerning the candidacy of the Applicant because this practice is not codified in any legal text of regulatory character. Hence, the contested decision is illegal...

The Tribunal rejected the application as time-barred because the Applicant had failed to request management evaluation of the contested decision within the established time limit. Authority of the Tribunal to waive the deadlines for management evaluation: The Appeals Tribunal held in several judgments that pursuant to article 8.3 of its Statute, the Dispute Tribunal has no authority to waive the deadline for management evaluation, including where exceptional circumstances may have prevented the staff member from complying with the deadline. Authority of the Secretary-General to waive the...

The Tribunal found that ST/AI/292 had been complied with, in particular paragraph 2 which provides that adverse material may not be included in the personnel file unless it has been shown to the staff member concerned and the staff member has been given an opportunity to make comments thereon. The Administration not only can but must place in a staff member¡¯s personnel file all documents related to his/her service, provided the provisions of ST/AI/292 have been complied with.

The Administration did not have a legal obligation towards the Applicant to take action at any stage in relation to the fraud. No legally relevant relationship between OCHA and the Applicant existed; the fact that the Applicant¡¯s aunt submitted her applications to a UN staff member did not create such a relationship. No Organization is bound to respond to uninvited applications for jobs that the Organization had not previously announced. Neither OCHA nor any other Organization can be made liable for criminal abuse of its name and reputation.The Applicant, who resigned from her post in UNFPA...

He filed his request for administrative review on 2 December 2008 and his application before the Tribunal on 13 January 2010. The Tribunal found that the Applicant was first informed of the contested decision, in writing, on 5 February 2008, and that he also received written reiterations of the same decision in March and April 2008. The Tribunal found that the Applicant failed to request administrative review of the decision not to renew his contract within the applicable time limit and that the Tribunal was proscribed, under Costa 2010-UNAT-036, from waiving it. The Tribunal found that, even...

The Tribunal held that the Programme Manager failed to consider the Applicant¡¯s candidacy at the 15-day mark as provided by ST/AI/2006/3. In this respect, the Tribunal noted that she was put in a pool with 30-day mark candidates and that most of these candidates were considered before she was. Additionally, the Tribunal found that the Applicant had not been fully and fairly considered because the Programme Manager and two of the Interview Panel members had deemed her unsuitable for the contested post prior to the commencement of the interview process. Since the Interview Panel failed to...

The application was withdrawn by the Applicant.

The procedures set out in ST/AI/2002/3 on the performance appraisal system were not complied with. While section 8.3 requires that as soon as a performance shortcoming is identified, the first reporting officer should discuss the situation with the staff member and take steps in consultation with him/her to rectify the situation, in the present case the Applicant received the rating ¡°partially meets performance expectations¡± without being informed through the performance appraisal system of his shortcomings and thus without being given the opportunity to improve his performance. Since the...