51ÁÔÆæ

The application is filed within the statutory deadline and is therefore receivable.

Receivability: Decisions by the Ethics Office are administrative decisions that are subject to appeal before the Tribunal, since they may directly affect staff members¡¯ rights. A request for management evaluation has to be sought prior to the filing of the application and hence her request to regularize her application a posteriori could only be rejected, in accordance with staff rule 11.2, namely the required antecedence of the request for management evaluation to the application.

The Applicant stated that had the post been advertised, she would have applied and would have been found to fulfill the eligibility requirements. The Applicant subsequently filed a notice stating that, having been advised concerning the receivability issues in her case by her new counsel, she wished to withdraw her application. In light of what the UNDT construed to be an equivocal withdrawal, it sought confirmation from the Applicant that the case was withdrawn fully, finally, and entirely, including on the merits. The Applicant having stated that she was withdrawing the matter fully...

The Administration, having reviewed the OIOS report, had reason to believe that the Applicant may have engaged in unsatisfactory conduct for which disciplinary measures may be imposed. The discretion was exercised judiciously by the responsible officers after review of the OIOS Investigation Report. The findings of the ASG/OHRM were those of an objective observer who had scrutinized the entire dossier and made conclusions on the basis of the evidence before him. There was no procedural irregularity on the part of the Organization as there was full compliance with ST/AI/371. Where an Applicant...

The events leading up to the Applicant¡¯s separation from service do not amount to a termination. The Applicant was in fact wrongly placed on Special Leave With Full Pay from 21 May 2004 to 31 December 2004. UNDP guidelines on Results and Competency Assessment do not confer any power on the Resident Representative to place a staff member on special leave with full pay for unsatisfactory performance as was done by the RR in this case. Not only was the decision to place the Applicant on SLWFP illegal, it was a disguised disciplinary measure designed to humiliate and embarrass the Applicant to the...

Reason to believe: that a staff member has engaged in unsatisfactory conduct is buttressed by a fact-finding, which in turn creates the requirement to investigate.Fact-Finding: fact-finding process is the collection and analysis of information to determine the veracity of an allegation against a staff member. It is a prerequisite for an investigation and cannot replace an investigation. As such cannot be used as the basis for imposing a disciplinary measure. Investigation: A disciplinary process can only be initiated based on proper official investigation being conducted under ST/AI/371.

The UNDT found that the Applicant¡¯s contract was not terminated but, instead, it was not renewed after its date of expiration. As termination indemnity was payable to staff members upon termination of their appointment and not in cases of non-renewal, the Applicant was not entitled to such payment. With respect to the interest on reimbursement for unused annual leave days, the UNDT found that, while that reimbursement amount was held by the Organization pending completion of the Applicant¡¯s separation paperwork, it accrued interest which is payable to the Applicant. With respect to the payment...

Identification of contested decisions: An application must properly single out each and every administrative decision that an applicant wishes to contest in a clear and concise manner, failing which the application could be deemed irreceivable. Nevertheless, the Tribunal has an inherent power to individualize and define the administrative decision impugned by a party and identify what is in fact being contested.Promises binding on the Administration: Where a staff member claims that he or she had a legitimate expectation arising from a promise made by the Administration, such expectation must...

At no time following the decision of the rebuttal panel did the Applicant seek an informal resolution of her case which could have suspended the applicable time limits in this matter.

The Tribunal found that the Applicant first became aware that something was amiss in the recruitment process on 29 February 2008 when he was told that a ¡°hold had been put on¡± the issuance of his letter of appointment by the SRSG. Subsequently, the Applicant was aware of the decision to appoint another candidate to the position in question in June 2008. Still later, in April 2009, and from the Applicant¡¯s own; submissions, while in New York, he received what he called a ¡°verbal apology¡± (for the way things turned out) from the Assistant Secretary-General for Peacekeeping Operations. The...