51猎奇

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UNDT/2011/032, Obdeijn

The UNDT drew an adverse inference from the Respondent’s failure to disclose the reasons to the UNDT and declared that the contested decision was arbitrary, capricious, and therefore unlawful. The UNDT further found that the Administration breached its obligation to disclose the reasons for the contested decision to the Applicant. The UNDT ordered (i) compensation in the amount equivalent to six months’ net base salary and entitlements at the P-5 grade, VI step, with retroactive interest, for actual economic loss suffered, and (ii) USD8,000 as compensation for emotional distress. Applicable...

UNDT/2011/034, Kamal

The Applicant’s criticism, that staff members with a vested interest in the process because they were unsuccessful in the promotion exercise procured the Staff Union resolution, is not a criticism that should be directed towards the Respondent’s managers, but is rather a matter for the Staff Union. Staff member’s right to a decision in a timely manner: The Respondent’s approach to resolving this matter indicated a lack of urgency and sensitivity towards the legitimate expectations and feelings of the Applicant. Outcome: The UNDT awarded compensation of USD10,000 for emotional distress and...

UNDT/2011/035, Marsh

Receivability of claim for relief: In his application before the former UN Administrative Tribunal, the Applicant merely requested compensation for the prejudice suffered. His request that the contested decision be rescinded, which was submitted two years later, must be rejected as time-barred since it was submitted long after the time limit for appeal had expired. 30 v. 60-day mark candidates: Section 6.2 of ST/AI/2002/4 prescribes that applications from 30-day mark candidates received after the 30-day mark shall be considered at the 60-day mark. Furthermore, it is clear from the provisions...

UNDT/2011/036, Edelenbos

30 v. 60-day mark candidates: It is clear from the provisions of ST/AI/2006/3—in particular sections 4.5, 7.1 and 9.2, as well as paragraph 3 of annex I and paragraph 4 of annex III—that applications of candidates eligible to be considered at the 30-day mark must be considered before those of candidates eligible to be considered at the 60-day mark. 60-day mark candidates may only be considered if there are no qualified 30-day mark candidates. Compensation: In setting the appropriate amount of compensation, the Tribunal must assess the chance that the Applicant would have been promoted had the...

UNDT/2011/024, Worsley

Independent status: OSLA enjoys functional or operational independence, in the sense that it does not receive instructions from its hierarchy when providing advice to staff members or representing their interests, while remaining administratively subject to the Secretary-General. Attribution of Independent organs’ acts to the Secretary-General: If article 2.1 of the UNDT Statute designates the Secretary-General as the respondent before the Tribunal, he assumes this role in his capacity as Chief Administrative Officer, and not on account of his personal behaviour. This responsibility is linked...