51ÁÔÆæ

General Assembly Resolution 61/264 (Liabilities and proposed funding for after-service health insurance), adopted on 4 April 2007, introduced a major change in relation to a fundamental and essential contractual right, namely the right to after-service health insurance. The Tribunal is of the view that General Assembly Resolution 61/264 relates to the fundamental human right of medical care/health, which includes the right to after-service health insurance, and should have been implemented through specific and clear staff rules adopted by the Secretary-General. However, due to an inherited...

It is within the Administration¡¯s discretion to reassign a staff member to a different post at the same level. Such a reassignment is lawful if reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. The responsibilities must correspond to the level, the function must be commensurate with the staff member¡¯s competence and skills and the staff member must have substantial experience in the field. An Organization has to act fairly, honestly, justly and transparently towards a staff member. If an Organization offers a staff member a...

The Tribunal found that the Applicant had not received the fullest regard due to him as an internal candidate. The Tribunal found it appropriate in this case to award USD5,000 as compensation for the loss of opportunity and USD4,000 for moral damages. Related

The distinction between reimbursement of 100 per cent of admissible educational expenses for a child with a disability who attends a regular education institution depends on whether the necessary special arrangements are provided by the educational institution or not. If the institution does not provide such arrangements, the special teaching expenses are reimbursed at 100% but the educational expenses are reimbursed at the regular rate of 75%. Sec. 14.1 has to be read in conjunction with sec. 12 of the ST/AI/2011/4, which defines admissible expenses for the special education grant as...

While staff regulation 1.2(c) provides that in exercising his authority to assign staff members to activities or offices of the United Nations, the Secretary-General shall seek to ensure that ¡°all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them,¡± such arrangements are not, in all circumstances, merely limited to physical safety and security. Reassigning a staff member from a core P-5 post established by the General Assembly to a General Temporary Assistance (GTA)-funded P-5 post established by ESCWA did not satisfy the test of a...

The Tribunal examined the following issues:; Issue No. 1 Classification exercise and lateral move requirements; The Tribunal noted that prior to the post being advertised it had been classified as a; ¡°geographical¡± rather than a ¡°language¡± post. As a consequence, the lateral move requirements, which apply to geographical but not to language posts, would have been to the Applicant¡¯s disadvantage. Following its classification as a language post this requirement was removed and staff at P-4 level, including the Applicant, were eligible to apply notwithstanding any lack of lateral moves.; Clearly...

The Tribunal found that the Applicant was contesting the decision not to investigate her complaint under ST/SGB/2008/5 against the Chief, Languages Services (¡°Chief LS¡±), and fifteen of her colleagues and, following the investigation against two individuals, the decision to take managerial action against only one of the staff members she had complained about.; Receivability; Since the Applicant failed to request timely management evaluation of the decision not to investigate her complaint against the Chief, LS, and fifteen other staff members,; notified to her on 30 March 2017, these claims in...

An assault on a co-worker in connection with work constitutes misconduct, no matter the type of contract or appointment. The direct evidence from written statements, confirmed by strong circumstantial evidence adduced both in the investigation and at the hearing, taken cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. In the Applicant¡¯s case, whereas the Tribunal would not be inclined to rely heavily on ¡°character witnesses¡± heard rather selectively, the mere fact that the...

Receivability While staff rule 11.2(c) does not explicitly require written notification, sec. 10.1 of ST/AI/2010/3 does so in cases of non-selection for candidates that had been convoked for assessment. Since the Applicant was convoked for assessment¡ª i.e. she was invited to take the written test¡ªand she was not successful, she had to be notified in writing. Therefore, and although the Applicant became fully aware of her non-selection on 26 May 2016, the Tribunal found that the statutory time limit for the request for management evaluation did not start to run on that day and the application...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant¡¯s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant¡¯s contract, constitutes a separation...