51ÁÔÆæ

How to measure a loss of change. The Tribunal finds that, as stated in Niedermayr, the assessment of loss of chance is an inexact science, and the Tribunal must assess the matter in the round and arrive at a figure deemed to be fair and equitable having regard to the number of imponderables present in the case, including the chances of being selected. The Tribunal should take into account two matters: (a) the nature of the irregularity and (b), thereafter in the assessment, all the imponderables, noting all the while that this is an inexact science (Niedermayr). The Tribunal notes the...

The Applicant requests revision of UNDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

The Applicant does not contest a decision of the Secretary-General but a decision of UNJSPF, which he claims was communicated to him by the Chief of the Office of the UNJSPF at Geneva. The Tribunal has already stated in the past that it is not competent to review UNJSPF decisions. UNJSPF is an entity established to provide retirement, death, disability and related benefits for the staff of its various member organizations. The Secretary-General has no role in the administration of UNJSPF benefits. The UNJSPF is also not one of the agencies, organizations or entities ¡°where a special agreement...

The Tribunal found that the Organization¡¯s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...

The UNDT found that the decision to deny the Applicant¡¯s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant¡¯s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...

Filling of a vacancy by a lateral transfer: The choice of filling a post by lateral move¡ªwithout going through a fullfledged competitive selection process¡ªis provided for by sec. 2.5 of ST/AI/2010/3 and does not per se violate any of the superior rules prescribing the goal of ensuring the highest standards of efficiency, competency and integrity. Nevertheless, as any discretionary decision, such course of action must not be arbitrary, capricious, tainted by improper motives, based on erroneous or irrelevant considerations, procedurally flawed or resulting in a manifestly unreasonable outcome...

Have the facts on which the disciplinary measure was based been established? Regardless of the standard of proof applied, the facts of the case as recounted are undisputed. They were first established during the investigation process and confirmed during the hearing by the Applicant and the testimony of two eyewitnesses. Furthermore, the Tribunal heard testimony from the investigator and the security officer who recorded the complainant¡¯s report. The Tribunal did not find any evidence of ill-motivation on the part of the witnesses, and was satisfied that the facts related to the allegations...

The Tribunal found that the standard of review in Kulawat, though it was applied in a case regarding conversion to a permanent appointment, can also be applicable mutatis mutandis to cases of continuing appointments because to be considered for either of the types of appointments staff members must fulfil certain eligibility requirements laid down in bulletins and administrative instructions. The Tribunal stressed that the existence of an ¡°expectation of re-appointment¡± between two short-term contracts does not in itself create ¡°a continuous service¡± in a staff member¡¯s employment. The...

The Tribunal found that the Administration did not respect its obligation pursuant to staff rule 9.6(e)(i) and 9.6(f) to retain the Applicant and the Applicant¡¯s correlative right to be retained in any available suitable post at her level (G7 step 10) or at a lower level in UNHCR NY, or at her Professional level or lower in the parent Organization. The Tribunal granted the Applicant¡¯s claim in part, rescinding the contested decision and ordering the Respondent to retain the Applicant with retroactive effect from 31 December 2016 in any current suitable available post(s), or in alternative, the...

The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised ¡°with greater urgency ¡­ the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection¡±. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...