51ÁÔÆæ

Compensation for delayed placement on roster of pre-approved candidates: Although the Applicant was not selected for the post, the delay in the selection exercise had a direct impact on him because, had this exercise been finished sooner, the Applicant would have been placed on the roster of pre-approved candidates earlier, which would have opened up additional employment opportunities that would have been available to him as a roster candidate. The UNDT found that the Applicant was given full and fair consideration in the selection process. However, the UNDT found that the selection exercise...

The Tribunal dismissed the application in its entirety.

The Tribunal found no evidence of an express promise in writing sufficient to support a legitimate expectation of renewal of appointment. The Tribunal also found that the reason given for the decision was sufficiently supported by the weight of the credible evidence. The Applicant did not meet the burden of proving that the decision was motivated by bias, prejudice or discrimination.

The Tribunal found that the belated filing and the accompanying legal advice and arguments advanced by OSLA Counsel on behalf of the Applicant in the context of the prior proceedings did not constitute an administrative decision subject to appeal before the Tribunal. The application was dismissed as not receivable.

The UNDT found that the Applicant¡¯s substantive post has not existed for the past two years and that the Applicant has temporarily encumbered vacant posts to which he was not recruited since then, it is evidently too late in the day to challenge the abolition of his post which took place in 2013. General Assembly Resolutions - To the extent that the decision to abolish the Applicant¡¯s post was that of the GA, this Tribunal lacks jurisdiction to review the said decision.

Role of Managers in the United Nations - A manager in the United Nations Organization is not supposed to set his or her supervisee up for failure as was done in this case. Rather, the manager has a duty to help the supervisee by affording him or her opportunity to improve in any area that his or her performance is found unsatisfactory. Duty to give reasons for non-renewal - The Respondent has a duty to provide reasons for the non-renewal of contract when requested by the affected staff member. The reasons proffered by the Respondent for the non- extension of the Applicant¡¯s TA contract are not...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Tribunal held that the application was receivable since the Applicant was alleging non-compliance with the terms of his appointment¡ªnamely, the obligation to act reasonably and in good faith¡ªas a consequence of an alleged breach of an express promise creating a legitimate expectation. However, turning to the merits of the case, the Tribunal found that the Administration had not created a legitimate expectation when the Executive Office of the Department of Safety and Security informed him that ¡°barring unforeseen circumstances, it is the intention of the Department to extend [your] fixed...

The Tribunal found that there was no basis for finding that the OiC/MEU¡¯s writing in the MEU¡¯s letter to the Applicant amounted to a breach of either ST/SGB/2008/5 or ST/AI/371 and the USG/DM, therefore, did not infringe on the Applicant¡¯s rights when dismissing his complaints against the OiC/MEU. Accordingly, the application was dismissed.

The Tribunal dismissed the motion and found the application not receivable ratione temporis because (a) it was filed outside the applicable 90-day time limit as provided for by art. 8.1(d)(ii) of the Statute and (b) no extraordinary circumstances prevailed.