51ÁÔÆæ

Outcome: Application dismissed, but award of a nominal compensation of USD 1,000 for procedural deficiencies in the selection process.

In view of the evidence available and the Applicant¡¯s refusal to disclose evidence that could exonerate her and that she alone could have produced, the Tribunal considered that the facts on which the disciplinary measure was based had been established. Section 20 of the Convention of the privileges and immunities of the United Nations provides that privileges such as VAT exemption are granted to staff members in the interests of the United Nations and not for the personal benefit of the individuals themselves. Section 21 further provides that the United Nations shall cooperate at all times...

Assignment grant: Rule 107.20 clearly envisages a situation in which a newly recruited staff member from an area ¡°within commuting distance of the duty station¡± would be entitled to an assignment grant where he had been ¡°settled¡± in the duty station perhaps by a former employer who due to the new recruitment would no longer take responsibility for such things as his accommodation. He would be given the assignment grant to ¡°resettle¡± himself, as it were. By the same token, a newly recruited staff member who had previously worked for the Organisation for a period of time as a consultant and most...

Outcome: The applicant succeeds. Compensation ordered for distress and loss of career development and associated benefits.

The application is prima facie not receivable before the UN Dispute Tribunal as it was filed, without leave, on 2 February 2010 and relates to a decision taken on 10 January 2008. The application was not pending before the former UN Administrative Tribunal when it ceased operations on 31 December 2009 and accordingly, this is not a case transferred from the UN Administrative Tribunal. No extension or waiver is granted and the application is rejected in its entirety.

Once appeal is withdrawn there is no longer any matter for adjudication before the Tribunal.

The Applicant made an application for strike out, summary judgment and transfer of the case to UNDT New York or Geneva on the grounds that there was a conflict of interest for various reasons. The Tribunal issued Order No. 28 refusing the requests for strike out, summary judgment and transfer and, in accordance with Article 19 of the UNDT Rules of Procedure (ROP), gave case management directives, which the Applicant was supposed 51ÁÔÆæ by 4 March 2010 but he did not do so. Subsequent to the Tribunal issuing an Order to show cause, the Applicant informed the Tribunal that its...

None.

The facts alleged as justifying termination could not make the contract void but only voidable. The Administration is barred from arguing that there was no contract because it affirmed the contract when it was in full possession of the relevant facts by proceedings under staff regulation 9.1.Cancellation and effect of staff regulation 9.1: Under the general law the parties are bound by any condition in the contract relating to cancellation, rescission or repudiation. The only mode by which separation can be effected is pursuant to regulation 9.1 or pursuant to disciplinary procedures. These...

Receivability: Although the applicant accepted the assignment, this does not mean that all decisions taken by the Administration with respect to the applicant must be deemed correct and lawful. The Organization¡¯s decision to base its calculation of the applicant¡¯s salary on her net income constitutes an administrative decision affecting her contractual right to proper remuneration and the case is therefore receivable. Salary calculation: ST/IC/2007/24 and ST/AI/2000/1 articulate that all G-level staff will be receiving an SPA to the P-2 level. Pursuant to provisional staff rule 3.10(d), the...