51ÁÔÆæ

Moral Damages ¨C The need for compensation must be demonstrated by evidence of damages or injuries. The grounds that support an award for moral damages include delay, frustration, distress and anxiety. Damages for moral injury may arise from a breach of the staff member¡¯s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed or where there is evidence produced of harm, stress or anxiety caused to the staff member which can be directly linked or reasonably attributed to a breach of his or her...

The UNDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.

The Tribunal found that the Applicant did not timely submit his request for management evaluation. Additionally, the Tribunal found that the Applicant failed to identify in clear and precise terms specific administrative decision(s), actions or omissions, including their dates. Therefore, the Tribunal ruled that the application was not receivable, ratione materiae.

The Applicant contests OSLA's decisions of 5 November 2013 not to represent him in two of the cases he had at the time pending at the Tribunal. The Tribunal found that the application was receivable. It rejected the application on the merits, on the grounds that the decisions constituted a legal exercise of discretion on the part of OSLA, which had provided the Applicant with extensive legal assistance, had carefully considered all the issues and gave valid reasons on why it would not represent the Applicant. The Tribunal further found that the Applicant failed to provide evidence that OSLA...

The UNDT found that the Respondent¡¯s argument that no promise had been made was untenable. The evidence clearly indicated that UNOPS Managers knew the Applicant would rely on the statements they made to her in regards to a one year contract extension. The Respondent repeatedly disregarded its own rules and regulations in the course of completing the Applicant¡¯s performance appraisal and subsequently conducted a flawed rebuttal process which was biased and unfair and violated the Applicant¡¯s due process rights. Promises made created expectancy of renewal - It is untenable for the Administration...

Receivability: The Tribunal considered whether it has the requisite jurisdiction to make a determination on an application for interpretation of an order as opposed to a final judgment. Noting that: (i) there is no provision in the UNDT Statute or Rules of Procedure governing interpretation of orders or expressly prohibiting interpretation of a decision that is labeled ¡°Order¡±; and (ii) that regardless of whether decisions on applications for suspension of action are labeled as orders or judgments, they determine substantial issues, the Tribunal, pursuant to articles 19 and 36 of the Rules of...

The Tribunal found that art. 17 does not refer to an evaluation by a medical practitioner selected by the Administration in cases of requests for reconsideration and that the Administration failed to follow the correct procedure when it did not convene a medical board. It further noted that the Administration could not, under art. 17, use an independent medical evaluation by a practitioner established in the framework of the initial assessment of a disability benefit under the Pension Fund Regulations. The Tribunal further stressed that the independent medical evaluation failed to address the...

The Tribunal found that the applications were receivable since the contested decisions produced direct legal consequences adversely affecting the Applicants¡¯ terms and conditions of appointment. The Tribunal further found that the chosen period of retroactive application of one year was not only unlawful because it was based on a misconstruction and misapplication of staff rule 3.16 but it was manifestly unreasonable, irrational, and above all unjustifiably discriminatory. It did not amount to a proper exercise of administrative discretion and breached the fundamental principle of equal pay...

Receivability: The Tribunal held that the Applicants had standing pursuant to art. 2.1 of its Statute and found the applications receivable. Merits: Was the restructuring genuine? The Tribunal found that, although the retrenchment exercise resulted in the non-renewal of the Applicants¡¯ appointments, the motivation for it was genuine as it implemented General Assembly resolution 66/264. Was the restructuring implemented through a fair and lawful process? Consultations: The Tribunal found that the Administration did not consult the staff or staff representatives about the posts to be abolished...

The Tribunal found that the Applicant¡¯s submission did not contain any dates for the impugned acts, nor any succinct statement of facts and reasons to contest such acts. It therefore dismissed the case for lack of substance and abandonment of proceedings.