Taking into consideration the Respondent’s response that the internal processes had not yet reached finality, the Tribunal found that it would not be appropriate to consider the matter until such time as all applicable and relevant procedures had been concluded. Consequently, the application was deemed premature and dismissed as irreceivable.
The Applicant, a former P-3 level staff member of MINUSTAH, sought rescission of the decision not to renew his fixed-term contract. The Respondent asserted that non-renewal was lawful since the Applicant was provisionally reassigned to MINUSTAH when MINURCAT was downsized and his provisional reassignment was contingent upon him receiving FCRB clearance. As the Applicant never received FCRB clearance, his contract was not renewed. The UNDT found that, following his initial offer, the Applicant received 12 subsequent letters of appointment which did not expressly or by reference refer to him...
The Tribunal granted the application in part as the reasons provided for the Applicant’s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant’s health). As relief, the Tribunal granted the Applicant’s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member’s and the Organization’s) that would have been paid to the United...
The disciplinary sanction was based on the finding that he had made a material misrepresentation on several personal history forms when applying for jobs. The UNDT found that it has been established that on three occasions—sometime in or around October 2011, on 25 March 2005 and on 21 February 2007—the Applicant’s personal history forms incorrectly indicated he did not have “relatives employed by a public international organization”, whereas his brother was in fact employed by the United Nations until 8 December 2008. The UNDT found, however, that the established facts did not amount to...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...
With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country’s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly’s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission’s restructuring which led to the abolition of 80 language...
The UNDT found that there was change of official duty station and that, as a result, the application of Entebbe’s post adjustment rate and payment of DSA for only 30 days were lawful. The Tribunal also dismissed all the other Applicant’s contentions. As a preliminary matter, the Tribunal examined the receivability of the application given that the parties disagreed on the date on which the Applicant ought to have known of the decision. The Tribunal found that the application was receivable. Receivability – Notification of an administrative decision: The Administration is obliged to communicate...
The UNDT found that the application was irreceivable ratione materiae and ratione temporis as both the Applicant’s request for management evaluation and his application before the Tribunal were time-barred. Receivability: A new administrative decision that supersedes the contested decision cannot be submitted to the Tribunal’s review through additional submissions in the case under consideration. It ought to be challenged through another application before the Tribunal. The deadline to file a request for management evaluation starts from the moment the staff member was made aware of the...
The application was not receivable because the Applicant was a former staff member of UNIDO. While the Applicant had no locus standi before UNDT, his case would have been properly filed either with ILOAT or UNAT.
