51ÁÔÆæ

The Application is not receivable pursuant to arts. 8.1 and 8.4 of the Tribunal¡¯s Statute and in accordance with the Appeals Tribunal¡¯s ruling in Terragnolo 2015-UNAT-517. Therefore, it is not necessary for the Tribunal to consider the merits of the case. Given the nature of the defects in the pleadings prepared by her Counsel, including the failure to observe basic legal and procedural requirements within the United Nations regulatory framework and Staff Rules, Counsel may wish to review the bill of costs, if any.

The UNDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the UN Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant¡¯s illness and the potential for disrupting patients of the JMS clinic. The...

Receivability: The Tribunal concluded that the Applicant¡¯s challenge to ICTR¡¯s decision is not receivable because the decision had no legal consequences which caused her material harm or otherwise adversely affected her terms or conditions of appointment. Request for anonymity: The Tribunal concluded that in balancing the right of the Applicant to have her personal data and sensitive material protected against the principle of transparency, the pleadings and associated documents did not reveal any material or information concerning the Applicant that requires protection.

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

Selection processes and job openingsThe Tribunal appreciates that the selection process for a post starts with the creation of a job opening (sec. 3.1 of the Hiring Manager¡¯s Manual) and ends when the Head of the Office/Department makes the selection decision (sec. 14.3.7 of the Hiring Manager¡¯s Manual). A new job opening represents the beginning of a new selection process and cannot be created and or viewed as a continuation of a previous selection process that has been initiated by the publication of the first job opening for the same post. Composition of assessment panelThe Tribunal notes...

The Tribunal found that the Administration, which acknowledged its mistake, was entitled and bound to recover the money that had been paid to the Applicant in excess of his entitlements as a result, albeit limited to the period of two years provided for in sec. 3.1 of ST/AI/2009/1. The application was dismissed.

Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant¡¯s post. The Respondent¡¯s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence ¨C In considering the Respondent¡¯s prayer with regard to the admissibility of Annex 13, the Tribunal...

Receivability: The Tribunal concluded that the Applicant¡¯s challenge to OHRM¡¯s decision is not receivable because the decision was expressly reversed and rendered moot when the Department of Field Support completed its review of the Applicant¡¯s case and determined that the Applicant met the remaining eligibility criteria for conversion to a continuing appointment. The Tribunal noted the general principle that where an impugned decision has been corrected by the Administration before a challenge to the Tribunal has been determined; it is in the power of the Tribunal to find that the challenge...

The Tribunal found that the decision not to convoke the Applicant to the YPP in Public Information was not a separate administrative decision, since he had never applied to take that exam. The decision not to convoke him to the YPP in Administration was taken by the Central Examinations Board (¡°CEB¡±), upon appeal, on the grounds that the Applicant did not fulfill the educational requirements. The Tribunal found that that decision was null and void, since the CEB, which held its meeting by email exchanges, did not have the required quorum and the decision was made after the date of the exam...

The Tribunal found that the application deals with identical matters as that subject of judgment Tintukasiri et al. UNDT/2014/026, affirmed on appeal by the Appeals Tribunal (Tintukasiri et al. 2015-UNAT-526), and that it was not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute.