51ÁÔÆæ

The Applicant contended, inter alia, that WFP breached her due process rights during the disciplinary proceedings and she did not breach any of the applicable rules. The evidence before the Tribunal sustained the Applicant¡¯s contention that WFP¡¯s investigators did not respect her due process rights. The ground of appeal related to the irregularity of the disciplinary proceeding is accepted and the Tribunal does not need to analyse the rest of the Applicant¡¯s contentions. The rescission of the contested decision is, per se, a fair and sufficient remedy for the moral prejudice caused to the...

The Tribunal found that the first part of the application was not receivable, since the Applicant lacked legal standing, and that the second part of the application, while receivable, was unfounded, since the Secretary-General, who has the duty to facilitate the holding of the elections to the UNSCP, had no power, whatsoever, to interfere in the actual conduct and results of the elections.

There is no contestable administrative decision over which this Tribunal has jurisdiction, rather the Applicant is seeking to have the Tribunal substitute its view for that of the Arbitration Committee with regard to an internal UNSU matter. The application is not receivable rationae materiae. As indicated in Kisambira Order No. 36 (NY/2011), the Dispute Tribunal has no jurisdiction over matters involving the internal affairs of a staff association. The application is not receivable.

Application of ST/AI/2002/4 to field mission personnel: The Tribunal held that since ST/AI/2002/4 excludes field mission staff members, like the Applicant, from its ambit it could not be made applicable in the current matter in the absence of a formal decision by the Secretary-General to make the administrative instruction applicable to a staff member who is clearly excluded from its purview. The Tribunal also held that ST/AI/2002/4 could not be made applicable to the Applicant by invoking the best practices rule or argument. Implementation of selection decisions: The Tribunal concluded that...

The Tribunal dismissed the application as time-barred, as the Applicant failed to submit a timeous request for administrative review/management evaluation.

Receivability - Mr. Wallace as a Legal Officer in MEU had the requisite delegated authority to make an exception to the Staff Rules in suspending the time limits for the Applicant to request for management evaluation as he did in the present case. The Applicant¡¯s case was therefore held in abeyance until 30 March 2011. The Applicant, as a result, had until 30 June 2011 to file her Application which she did on 6 June 2011. Full and fair consideration - All the candidates that appear before an interview panel have the right to full and fair consideration. A candidate challenging the denial of a...

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

Receivability: Noting that the Applicant submitted his Application 3 days before requesting management evaluation of the contested decision and that his request for management evaluation was submitted a month after the deadline for the statutory delay, the Tribunal concluded that the Application was not receivable.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Conflict of interest: The Tribunal held that the fact that the Applicant sought to obtain a remunerated contract for his company to undertake the construction of stands rather than advise the organizers to seek an independent contractor demonstrated the existence of a real conflict of interest between his position as the CEO of a private company and his position as a staff member. Even though BINUB was...

Request for management evaluation: The Tribunal noted that there was no indication that the Applicant had submitted a request to any entity or individual, including the Secretary-General, mandated to receive management evaluation requests as he did not provide any address, physical or electronic, of these entities or individuals. Nor did the Applicant provide any acknowledgment of receipt of any request for management evaluation by the Administration. The Tribunal subsequently held that the Applicant failed to provide evidence that he had indeed submitted a request for management evaluation of...