51ÁÔÆæ

The Tribunal found that the standard of review in Kulawat, though it was applied in a case regarding conversion to a permanent appointment, can also be applicable mutatis mutandis to cases of continuing appointments because to be considered for either of the types of appointments staff members must fulfil certain eligibility requirements laid down in bulletins and administrative instructions. The Tribunal stressed that the existence of an ¡°expectation of re-appointment¡± between two short-term contracts does not in itself create ¡°a continuous service¡± in a staff member¡¯s employment. The...

Have the facts on which the disciplinary measure was based been established? Regardless of the standard of proof applied, the facts of the case as recounted are undisputed. They were first established during the investigation process and confirmed during the hearing by the Applicant and the testimony of two eyewitnesses. Furthermore, the Tribunal heard testimony from the investigator and the security officer who recorded the complainant¡¯s report. The Tribunal did not find any evidence of ill-motivation on the part of the witnesses, and was satisfied that the facts related to the allegations...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Immunities have been incorporated into the terms of appointment of United Nations staff members¡ªincluding at the highest level of the Organization¡¯s legal order and ever since its inception¡ªthereby becoming part and parcel of their status and conditions of service. Furthermore, a decision to waive the immunity of a given staff member has evident¡ªpotentially dramatic¡ªeffects on his or her legal situation. Thus, the contested decision meets all the features of the definition of an administrative decision adopted by the Appeals Tribunal. Accordingly, the Tribunal found the...

The Tribunal held that the application for revision was manifestly inadimissable because the Applicant did not bring to the attention of the Tribunal the existence of any new decisive fact which was unknown to the Tribunal or to himself at the time Judgment No. UNDT/2016/059 was rendered. The issue of lack of investigation alleged by the Applicant was properly considered in Judgment No. UNDT/2016/059.

The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised ¡°with greater urgency ¡­ the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection¡±. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...

The Tribunal was not persuaded by the Applicant¡¯s argument that staff rule 9.2(b) should apply to her case because her resignation was not genuine and the Administration had set her up for resignation. Rather, it was apparent to the Tribunal that the Applicant¡¯s resignation was situational and a consequence of a combination of earlier decisions taken by the Applicant and the external factors. The Applicant overestimated the power of her newly acquired diploma on the job market which proved more difficult than she had expected. The Applicant made no inquiries concerning termination indemnity...

The Tribunal held that the managers concerned acted in accordance with the obligations placed on them by sections 9 and 10 of ST/AI/400. Given the fact that the Applicant absented himself from work in Sector East without proper authorization and failed to heed the advice and requests sent to him, the Organization did not act unlawfully in taking steps to place him on SLWOP. Moreover, it was lawful for the Organization to take steps to recover payments made in advance in respect of education grant and travel in circumstances where such advances were not utilised for the purpose for which they...

The Tribunal found that the decision to separate the Applicant for abandonment of post was not unlawful because: the Applicant was absent from duty he did not provide a duly authorized medical certificate or other justification for failure to report to work the Administration followed the prescribed procedures and acted in accordance with the internal laws of the Organization and the Applicant failed to meet his burden of proving the impropriety that he alleged.