51ÁÔÆæ

Receivability Judgment Appealed: As the Applicant remains a staff member early resolution of this case is essential; the facts concerning the disciplinary case and the non-disciplinary issues of demotion are inextricably linked and all of the claims can be expeditiously heard together; the appeal against receivability will take several months to be resolved and will delay the determination of the disciplinary matter. Finally, the issue of receivability may be raised in an appeal against the final judgment on the merits. Written notice: Apart from the events which intervened, he suffered no...

The Tribunal found that the Applicant had had a break in service which disrupted the eligibility requirement of five years¡¯ continuous service with the Organization. Eligibility requirements: Whether a staff member is eligible for consideration has to be assessed against clear and objective criteria, which is not open to discretion. Break-in Service: In the context of the United Nations, a break in service consists of a certain period of time between two contracts, governed by the United Nations staff rules, during which a person is not employed by the Organization. Competence of decision...

Performance Evaluation: The career management system is a system that required mutuality and cooperation from both the supervisor and a staff member. The processing of the Applicant¡¯s PAR was unlawful. It was completed in haste and in hindsight once a decision not to renew her contract was made. The finalisation of the PAR without any input from the Applicant was a serious breach of her right due process. The PAR had not been completed either at the time of the contested decision or the expiry of the Applicant¡¯s FTA and the Administration proceeded with its decision not to renew the Applicant...

The fact that a staff member is no longer employed by the Organization does not mean that the Organization is not required to notify him or her of the completion of an administrative proceeding related to his or her current or past employment. With respect to the completion of an investigation into allegation filed against him or her, a former staff member benefits from the same rights as a current staff member, including that of being informed of any decision taken by HR related to an investigation of which he was the subject and, as stated in Applicant UNDT/2010/069/Corr.2, ¡°the right to...

The Assistant Secretary-General for Human Resources Management and the CRB correctly determined that it cannot be in the interest of the Organization nor of its operational activities to grant permanent appointments under the circumstances in force. UNDT rejected the Application to rescind the decision of the Respondent not to grant the him a permanent appointment. There was no indication that the ICTR was afforded delegation of authority to convert a staff member to a permanent appointment; Section 3.3 of SGB/2009/10 only gives power to the responsible officer of Human Resources at a duty...

The application was withdrawn by the Applicant in light of a settlement agreement.

Due Process: UNAT concluded in Molari that ¡°disciplinary cases are not criminal.¡± So therefore the right and rules pertaining to self-incrimination are purely associated with criminal procedure and therefore does not apply in this instance which is a disciplinary case. The Tribunal finds that she was provided systematically with the evidence, including the payslips in the course of the interview, in addition to an opportunity to review the record of interview. Ultra vires: In this case the person who took the decision as recorded in the letter of dismissal was the Under Secretary-General for...

Following the Tribunal¡¯s judgment on receivability (Judgment No. UNDT/2012/149) and inter partes discussions, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement or appeal. The UNDT stated in the judgment that, there no longer being any determination to make in view of the Applicant¡¯s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.

Due Process: It is UNAT jurisprudence that based on the staff rules there is no mandatory right to counsel for staff members who are undergoing interviews during the preliminary investigation of allegations for misconduct. Ultra vires: The author of the decision in this case was not the person who signed the 15 August 2011 dismissal letter but, as referred to in the letter, was the Under-Secretary-General for Management who took the decision on behalf of the Secretary-General. Pursuant to ST/AI 371/Amend.1, the decision-maker had the proper authority to do so and the decision was not ultra...

The Applicant contended that the transfer decision was unlawful in that it was arbitrary and adopted and implemented in breach of mandatory procedures and that UNCTAD senior management acted in bad faith and with ulterior motives when doing so. The Respondent submitted that the UNCTAD senior management acted within its margin of discretion and on properly reasoned grounds based on the Applicant¡¯s skills and qualifications and the operational needs of UNCTAD both in New York and Geneva. The Tribunal found that the reasons provided to the Applicant for his transfer were not justified by the...