51ÁÔÆæ

The UNDT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.

By deciding not to undertake the written test for the two posts, the Applicant removed the hiring manager¡¯s capacity to effectively compare her skills to that of the other candidates. By not taking the written test the Applicant effectively withdrew from the entire approved selection process and she could no longer enjoy the right of being evaluated appropriately, and against the pre-approved criteria. Consequently, none of the Applicant¡¯s rights were breached during the selection exercise for these posts. The Applicant claims that she should have been selected for either of the two posts even...

With respect to the first contested selection process, the UNDT found that the Applicant was properly considered for it but was determined as not suitable. With respect to the second contested selection process, the UNDT found that the Respondent¡¯s explanation that the post was not filled due to reasons not related to the Applicant¡¯s candidacy was credible. The UNDT rejected the application.

The Tribunal rejected the Respondent¡¯s argument that this was a case of non-renewal and found that the Applicant¡¯s fixed-term contract was terminated on the grounds of alleged unsatisfactory performance for the period of 2007 to 2010. The UNDT found that the performance evaluation report (¡°PER¡±) for 2010 cannot be lawfully relied upon to justify the finding of unsatisfactory performance as the Applicant had no opportunity of a meaningful rebuttal. Therefore, the termination of the Applicant¡¯s contract on the basis of poor performance was unlawful. The UNDT also found that no proper...

Before the Tribunal, following its Judgment Johnson UNDT/2011/144, as confirmed by the Appeals Tribunal in Johnson 2012-UNAT-240, the Respondent does not contest anymore that the Applicant by using her foreign tax credit paid as a matter of fact part of the taxes due. The Respondent nevertheless refuses to reimburse to the Applicant the staff assessment deductions made, which the latter contests. The Tribunal finds in favor of the Applicant and orders the Administration to carry out a new calculation of the 2010 staff assessment deductions that ought to be reimbursed to her.

The Tribunal found that the Applicant was not entitled to any compensation for loss of earning and benefits because the case corned the Ethics Office¡¯s decision that the Applicant had not been retaliated against and not the circumstances regarding his separation from UNDP. As for non-pecuniary damages, the Tribunal found that it was difficult to envisage a worse case of insensitive, high-handed and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights, including Articles. 1, 3, 6, 7, 8 and 9. Furthermore, the Tribunal found that the failures...

The UNDT found, in its earlier Judgment McCloskey UNDT/2012/199 that only the decision pertaining to the Statement of Tax Settlement for the year 2010 was receivable. Following the Tribunal¡¯s Judgments in McCloskey UNDT/2012/199 and Johnson UNDT/2011/144, as confirmed by the Appeals Tribunal in Johnson 2012-UNAT-240, the Respondent no longer contests the illegality of the decision to use the Applicant¡¯s wife¡¯s foreign income tax credit. The Respondent nevertheless refuses to reimburse to the Applicant the staff assessment deductions made, which the latter contests. The Tribunal finds in favor...

The UNDT found that the reason provided by the Administration for the non-renewal was not supported by the facts and that the decision was indeed based on extraneous factors. The decision of the ITC Senior Management Committee to merge several existing programs was never really implemented. A generic P-4 post was advertised in early 2012 under the new program, and funded through budget lines already available when the decision not to extend the Applicant¡¯s appointment was taken. The available evidence shows that the real motive of the decision was the fact that the Applicant¡¯s supervisor...

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the UNDT Rules, the Respondent is required 51ÁÔÆæ his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the UNDT Rules, a party is entitled to judgment...

The Tribunal has to strike a balance between the subjective and introspective feelings and perception of the aggrieved staff member with the application of reasonableness, rationality and objectivity in arriving at a fair and proper assessment of damage particularly involving the indefinable characteristics of what has been described in broad general terms as ¡°moral damage¡±.The Applicant distress and anxiety as a result of feeling extremely upset and not valued by the Organization cannot justifiably be placed at the top end of the scale of severity but rather at the lower end. This is even...