51ÁÔÆæ

The Applicant contended that the transfer decision was unlawful in that it was arbitrary and adopted and implemented in breach of mandatory procedures and that UNCTAD senior management acted in bad faith and with ulterior motives when doing so. The Respondent submitted that the UNCTAD senior management acted within its margin of discretion and on properly reasoned grounds based on the Applicant¡¯s skills and qualifications and the operational needs of UNCTAD both in New York and Geneva. The Tribunal found that the reasons provided to the Applicant for his transfer were not justified by the...

Effect of the breach of due process rights: The Tribunal found that while the Applicant had been denied some of his due process rights at the investigation stage, this breach was cured by the subsequent court proceedings. Further, the Tribunal held that the sanction of summary dismissal was fully justified in view of: (i) the status of the Applicant in the procurement process of ECA; (ii) the fact that he contracted with United Nations vendors without disclosing that fact in clear terms; and (iii) the fact that he was engaged to some extent in the activities of two other companies without...

The Respondent submitted that the application was filed out of time as the Applicant had submitted it after 5 p.m. (closing hour of the New York Registry) on the last filing day. The UNDT found that the Statute and the Rules of Procedure provide that applications are to be filed within 90 calendar days from the date of notification of the outcome of management evaluation, and, therefore, the applicant had until the expiration of the last calendar day of the filing period to file his application, regardless of the working hours of the Registry. Having done so, his application was receivable...

The Tribunal found that the decision was illegal and ordered that it be rescinded, and that the Applicant be granted USD3,000 as compensation for the material damages. Administrative decision/receivability ratione temporis The preliminary determination by an Interview Panel that a person is not eligible to apply for a vacancy announcement does not produce direct legal consequences and as such does not constitute an administrative decision for the purpose of staff rule 11.2(c) and art. 2(a) of the Tribunal¡¯s Statute. The statutory time-limit of staff rule 11.2(c) only starts to run once a final...

The Applicant was denied eligibility for conversion because in 2006 she had a break in service of eight days, which interrupted the continuity of her service. The UNDT found that the main issue in the case was whether the break in service in 2006 can be taken into account for the purpose of conversion to a permanent appointment. The UNDT found that the break in service that took place in 2006 shall not be taken into account because the Applicant was induced into taking it, without proper legal basis, as a condition for her employment in New York. The UNDT ordered rescission of the decision...

The administrative decision that was being challenged was made on the recommendation of the Advisory Board on Compensation Claims (¡°ABCC¡±). The Tribunal found that the ABCC was correct in rejecting the Applicant¡¯s claim for compensation for injuries suffered from the car accident.

The Tribunal finds that, pursuant to art. 2.1(a) of the Statute of the Dispute Tribunal, the Applicant¡¯s claim is receivable. Meaning of an ¡°agreement reached through mediation¡± - A plain reading of the full text of art. 8.2 requires that a mediated agreement must be reduced in to writing and signed by the parties as otherwise it would be inconceivable how the implementation of such an agreement would be enforced as provided for in the latter part of art. 8.2 of the Statute of the Dispute Tribunal.

Classification - There is no evidence that the procedure for a re-classification of the Broadcast Technology Officer (¡°BTO¡±) post encumbered by the Applicant in UNMIS was ever undertaken. As already pointed out, the Chief of radio took it upon herself to re-write the competencies of the post to which in January 2010, the Applicant had been competitively recruited before she came on board as Chief of radio, perhaps in order to make the Applicant who was encumbering the post, less eligible.

Delegated Authority - The termination decision was taken without the requisite delegated authority...

The Applicant was informed of the decision to not renew his contract, based on the ¡°serious weaknesses in his performance¡± on 27 October 2008. Consequently, any request for administrative review of the decision to not renew his contract should have been filed within 60 days from the notification of the contested decision.The Applicant, due to the very negative review and comments contained in his PER, was on notice of the potentially inaccurate information contained therein its receipt in August 2009. The 15 June 2010 transmittal of the OIA investigation report, while potentially providing the...

The UNDT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.