51ÁÔÆæ

The ST/SGB/2008/5 requirement for the administration to act promptly on complaints of prohibited activity was not observed in the case of the Applicant¡¯s complaint. UNDT required more information on the present state of the process and held that this case was suitable to remand for institution or correction of the required procedure. UNDT suspended the proceedings and orderd the Secretary-General to advise UNDT of the present position of the investivgation into the Applicant¡¯s complaint and whether he concurs with the remand of the case for institution and correction of the procedure under ST...

e was working as Project Manager on an extra-budgetary project, funded exclusively by one member state, and his FTA was limited to his post and department. The decision was based on the discontinuation of the project funding by the Donor. The initial decision had been notified to the Applicant on 13 November 2012, and he requested timely management evaluation thereof. However, upon misleading advice from the MEU, he subsequently submitted a new request for management evaluation against the second, confirmative decision not to extend his appointment beyond 31 May 2013. Thereafter, upon receipt...

He alleges that the decision was discriminatory, since based on his Kurdish ethnicity, and not based on reasons of force majeure, namely the earthquake that occurred in Van in October/November 2011 and which led to the temporary closure of the UNHCR office in Van. A hearing took place 0n 5 February 2013, during which the Applicant requested the Tribunal to call a witness to provide testimony concerning his claim that the decision was discriminatory. His request to have his witness heard was, however, not granted and Judge Cousin, in Judgment Kacan UNDT/2013/025 of 19 February 2013, rejected...

The Tribunal found that the USG/DESA complied with ST/SGB/2008/5 by closing the case and providing the Applicant with a summary of the Investigation Panel¡¯s findings and conclusions. However the applicable mandatory time limits for assessing the complaint, appointing the panel and submitting the final investigation report were not respected. The Applicant is awarded a compensation in the total amount of USD2,300. The Tribunal found that there was no evidence that the Investigation Panel did not gather sufficient evidence or erred in reaching its findings and conclusions presented in the report...

The application was dismissed in its entirety. The Tribunal also found that the Applicant has manifestly abused the proceedings before it. The Applicant was ordered to pay costs in the sum of USD 2,000 for abuse of process. On receivability: The Tribunal found that the PDF version of the application attached to the email of 15 September 2012, also copied to OHRM and EO/OCHA, met the requirements of art. 8 of the Rules of Procedure of the Dispute Tribunal. It was moreover identical to the application filed through the e-filing portal on 15 October 2012. The Respondent¡¯s contention that the...

The Tribunal found that the Administration violated the rights of the Applicant by not including the PAD cycle year 2009 when making the termination decision in July 2010. The Tribunal ordered the rescission of the contested decision and compensation for material damage equivalent to the loss of salary until her early retirement date on 1 May 2011. When terminating a contract for unsatisfactory service, the PAD reports to be taken into consideration must be the ones immediately preceding the non-renewal decision, so the PAD cycle years 2007, 2008, and 2009 for a termination decision made in...

The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal¡¯s Statute. C

The Tribunal rescinded the decision finding that, in accordance with the plain meaning of ST/AI/2007/3, service with the United Nations Organization does not need to be continuous for a staff member to be eligible to receive ASHI. Staff Rule 4.17 is not applicable to the question of ASHI.

The Tribunal found that the Applicant¡¯s claims of moral damage are receivable and well founded and he is awarded USD1,000 as compensation for anxiety. The Tribunal finds that it is incorrect to characterize the decision to hire new staff members as being purely preparatory in nature as the contested decision was in fact implemented and the outcome of the selection process could have adversely affected the Applicant. It is therefore a contestable administrative decision. Further, even if a decision is rescinded, if an applicant can show that there was a causal link between the breach on the...

The Tribunal finds that the Applicant failed to declare the existence of his friendship with the selected candidate, including in response to a direct inquiry prior to the completion of the selection process and during the disciplinary process, and that his actions affected the impartiality and fairness of the selection process and the trust vested in him. The Applicant¡¯s due process rights were respected during each phase of the disciplinary process and the sanction imposed was proportional to the misconduct. The application is therefore rejected. The Applicant did not demonstrate that there...