51ÁÔÆæ

Since the applicant did not comply with the time limits prescribed in former staff rule 111.2 (a), the Tribunal examined whether there were any exceptional circumstances within the meaning of former staff rule 111.2 (f) which prevented her from submitting a request for review in time.The Tribunal applied the definition of exceptional circumstances adopted by the former UNAT and upheld by the UNDT in a number of judgments, i.e. circumstances beyond the control of the applicant. Outcome: The application was rejected as time-barred.

The applicant joined the Counter-Terrorism Committee Executive Directorate (CTED) of the United Nations in September 2005 on a two-year contract as a P-4 level legal officer. Between July 2006 and January 2007 the applicant was admitted to several hospitals to receive alcohol-related treatment and, in January 2007, she was medically evacuated to her home country and subsequently placed on special leave without pay. On 1 August 2007, the applicant was informed that her contract would not be extended beyond its expiration date of 2 September 2007. The applicant filed an appeal contesting the...

The Head of Office acted within his authority in effectively overriding the recommendation of the APC, as provided for by Annex 4G, para. 28(a)(iii). The relationship between the SAP and the APC is sequential, not hierarchical; the judgment of one is not superior to the judgment of the other. The Head of Office is not bound to accept the recommendation of one over the other. The Head of Office is bound to exercise his independent judgment after giving careful consideration to the recommendations made to him and explaining why he preferred one candidate to another. The Head of Office did not...

ST/AI/292, dated 15 July 1982, provides measures in relation to the filing of adverse materials in personnel records, which measures were supposed to be interim in nature. In the context of the current framework of norms, ST/AI/292 alone does not provide adequate ¡°rebuttal¡± procedures for short-term staff. The creation of two classes of short-term staff which potentially occurs via ST/AI/2002/3, based on management discretion is not fair; where the provisions of ST/AI/2002/3 are applied to some short-term staff and not others, this violates the doctrine of equal treatment in like circumstances...

In its findings, the Tribunal found that the evidence in support of the charges was credible and that the Applicant failed to prove that the decision to summarily dismiss him was arbitrary or motivated by prejudice or other extraneous factors, or was flawed by procedural irregularities or error of law. With regards to the Applicant¡¯s allegations of breach of due process, the Tribunal could not find any evidence that the rights of the Applicant had been violated. The Tribunal was also satisfied that the Respondent discharged his burden of proof and that he made proper use of his discretion.

The contested decision did not affect the applicant¡¯s terms of appointment derived from his status as a former staff member or from his status as a retiree. Furthermore, there is not a contractual relationship between the applicant and the Organization derived from his voluntary service as a member of the Panel of Counsel. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.

The contested decision was linked to the decision to bar the applicant from entering the VIC in October 1999, when he was no longer a staff member of UNOV. Hence, the decision to deny his counsel access to the applicant¡¯s OSF did not affect and could not have affected his terms of appointment. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.

Outcome: For distress: USD5,000. For loss of chance: (a) 10 percent of the difference between the salary the applicant actually carries and that she would have received in the D-2 position on a continuous basis, (b) 10 percent of any additional allowances and benefits she would have received at the D-2 level including adjustment of her pension contributions and consequent retirement benefits.

Articles 2(1) and 2(1) (a) of the Statute of the UNDT define a contract of employment to include ¡°all pertinent regulations and rules and all relevant administrative issuances in force at the time of the alleged non-compliance. There is nothing before the Tribunal to evidence that the Applicant signed any LOA in relation to the offer made by the organization to employ him on the terms defined in the reassignment memorandum dated 10 June 2008. The reassignment memorandum contained terms that were not certain, that were qualified and cannot therefore besaid to have been a final and binding...

Since the applicant, in a timely manner, addressed his requests to competent officials within the former system of internal justice and followed the advice received from them, it was beyond his control that he did not file his request for administrative review within the time limits; therefore, exceptional circumstances are given. In view of the provision of the letter of appointment quoted above, no termination was possible without keeping a thirty days notice period. The decision to terminate the appointment with immediate effect is in noncompliance with the applicant¡¯s terms of appointment...