51ÁÔÆæ

The Tribunal found that the contested decision in the present case was the High Commissioner¡¯s decision of 17 October 2014, which considered the Applicant¡¯s candidacy for promotion at the P-5 level, notified to the Applicant on 20 October 2014. This decision was not subject to any further review or superseded by a new one.; The Tribunal noted that the decision of 2 March 2015 did not consider the Applicant¡¯s recourse application on the merits as it was filed out of time, which left the original decision of 17 October 2014 undisturbed. The Tribunal therefore found that the decision of 2 March...

The parties were at odds as to the procedure for establishing a medical board under art. 17 of Appendix D. The Applicant¡¯s case was that the ABCC failed to adhere to art. 17(b) of former Appendix D because it failed to establish a medical board to consider and report on the medical aspects of his claim. The Respondent submitted that the onus was on the Applicant to request the establishment of a medical board and to nominate a medical practitioner to represent him on the medical board. The Tribunal rejected the Respondent¡¯s submission that the Applicant was obliged to request a medical board...

The Administration decided to re-examine an earlier decision not to review the two job descriptions. The Applicant was notified that after multiple reviews it was decided that the two job descriptions would not be revised. The Applicant received notification of this final and unambiguous decision at a moment, which puts her request for management evaluation well within the deadline. The application is deemed receivable.

General Assembly Resolution 61/264 (Liabilities and proposed funding for after-service health insurance), adopted on 4 April 2007, introduced a major change in relation to a fundamental and essential contractual right, namely the right to after-service health insurance. The Tribunal is of the view that General Assembly Resolution 61/264 relates to the fundamental human right of medical care/health, which includes the right to after-service health insurance, and should have been implemented through specific and clear staff rules adopted by the Secretary-General. However, due to an inherited...

It is within the Administration¡¯s discretion to reassign a staff member to a different post at the same level. Such a reassignment is lawful if reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. The responsibilities must correspond to the level, the function must be commensurate with the staff member¡¯s competence and skills and the staff member must have substantial experience in the field. An Organization has to act fairly, honestly, justly and transparently towards a staff member. If an Organization offers a staff member a...

The Tribunal found that the Applicant had not received the fullest regard due to him as an internal candidate. The Tribunal found it appropriate in this case to award USD5,000 as compensation for the loss of opportunity and USD4,000 for moral damages. Related

The distinction between reimbursement of 100 per cent of admissible educational expenses for a child with a disability who attends a regular education institution depends on whether the necessary special arrangements are provided by the educational institution or not. If the institution does not provide such arrangements, the special teaching expenses are reimbursed at 100% but the educational expenses are reimbursed at the regular rate of 75%. Sec. 14.1 has to be read in conjunction with sec. 12 of the ST/AI/2011/4, which defines admissible expenses for the special education grant as...

While staff regulation 1.2(c) provides that in exercising his authority to assign staff members to activities or offices of the United Nations, the Secretary-General shall seek to ensure that ¡°all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them,¡± such arrangements are not, in all circumstances, merely limited to physical safety and security. Reassigning a staff member from a core P-5 post established by the General Assembly to a General Temporary Assistance (GTA)-funded P-5 post established by ESCWA did not satisfy the test of a...

The Tribunal examined the following issues:; Issue No. 1 Classification exercise and lateral move requirements; The Tribunal noted that prior to the post being advertised it had been classified as a; ¡°geographical¡± rather than a ¡°language¡± post. As a consequence, the lateral move requirements, which apply to geographical but not to language posts, would have been to the Applicant¡¯s disadvantage. Following its classification as a language post this requirement was removed and staff at P-4 level, including the Applicant, were eligible to apply notwithstanding any lack of lateral moves.; Clearly...

The Tribunal found that the Applicant was contesting the decision not to investigate her complaint under ST/SGB/2008/5 against the Chief, Languages Services (¡°Chief LS¡±), and fifteen of her colleagues and, following the investigation against two individuals, the decision to take managerial action against only one of the staff members she had complained about.; Receivability; Since the Applicant failed to request timely management evaluation of the decision not to investigate her complaint against the Chief, LS, and fifteen other staff members,; notified to her on 30 March 2017, these claims in...