51ÁÔÆæ

The Tribunal finds that the decision to summarily dismiss the applicant is not tainted by any irregularity, that the facts are established, that they amount to misconduct and that the sanction of summary dismissal is proportionate to the seriousness of the misconduct. UNDT jurisdiction: The Tribunal has no power to compel a person external to the Organization to appear before it as a witness. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine whether the procedure followed was regular, whether the facts in question are established, whether...

UNDT reiterated that, as it had held in Adorna UNDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. UNDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The main issue was whether time taken off during part of the workday should be counted towards the ¡°scheduled workday¡± and actual work (¡°hours of work¡±) requirements when calculating compensatory time off or additional payment for overtime. UNDT found that time spent on annual leave, sick leave, or compensatory time off is not included in the actual work time, but is counted towards the scheduled workday. UNDT found that DGACM¡¯s application of Appendix B to the former Staff Rules was correct and that the Applicants failed to explain how the allegedly unlawful amendments to DGACM¡¯s policy and...

The Tribunal will not order the Applicant¡¯s reinstatement as were the original harm repaired, the Applicant¡¯s appointment would already have ended. While the evidence before the Tribunal suggested that extensions of secondments beyond the five-year limit were possible under UNDP policy, the Tribunal was not convinced that it was probable in this case. Therefore, the Tribunal held that the renewal would have been limited to the five-year restriction and compensation was warranted for that period, less the Applicant¡¯s actual income. Account is taken of the context of the contractual breach i.e...

Whether the decision was prejudiced, arbitrary and based on abuse of authority and improper motives: Apart from one letter in which he complained bitterly about the leadership of the CMS, the Applicant did not lead any evidence to substantiate this claim. Therefore, the Tribunal found this claim to be without merit Whether the Applicant had a legal expectancy/legitimate expectation of renewal: Pursuant to ST/AI/404, mission detail, as any other assignment in the Organization, is at the discretion of the Secretary-General. The Tribunal found that the actions of the Respondent were not of such a...

The early termination of his contract was not based on a proper or lawful evaluation of the Applicant¡¯s performance. In the absence of a comprehensive and fair performance evaluation done at the time, the reasons given by the Respondent cannot be regarded as cogent or reliable because the Applicant did not have an opportunity to refute, answer or rebut them. They therefore represent just one side of the story and, however strongly felt by the Respondent, are not a reliable basis for a lawful termination of the contract before its expiry date. This is not a question of improper motivation...

This Application is not receivable and is additionally frivolous and vexatious.

Exceptional circumstances: Circumstances beyond the control of the applicant that prevented him/her from submitting an appeal in time.

UNDT found that the Applicant did not challenge the non-renewal of her contract in a timely manner and also did not rebut her final e-PAS rating as partially meeting expectations, which rating must be accepted by UNDT as final. UNDT found that the Applicant was aware, during her employment, of the criticisms concerning her performance and that it would have been reasonable for her to conclude that performance-related factors may have been considered by the Administration in deciding not to renew her contract. UNDT found that under Costa 2010-UNAT-036 it does not have the power to waive or...

The main legal issue in this case is whether there was a duly constituted contract between the parties. The Respondent made the bare assertion that the communication dated 21 September 2007 mistakenly referred to the cancellation of his appointment, whereas it was a withdrawal of the offer. Therefore, according to the Respondent no contract was created, the Applicant was not a staff member, and his application is not receivable. The Applicant submitted that there was a duly constituted contract between the parties. UNDT found that the offer of appointment accepted by the Applicant and the...