The Tribunal reiterated a general principle of procedural law that the right to institute legal proceedings is based on a legitimate interest in initiating and maintaining legal action. Access to the court is denied to those who are obviously no longer interested in the proceedings they once instituted. This applies to the Applicant who did not respond to any of the Tribunal’s requests.
The tendered reports of the Joint Inspection Unit (JIU) regarding home leave were admissible in the case, not only as reports of the opinions of the JIU but also as evidence of the facts stated in them, including as to the practices of the UN. Because of the lack of any reference to a technical definition, the only viable approach was to give the term “full economy class” as ample a meaning as the phrase could reasonably bear and identify those fares which it logically and reasonably denotes. The IATA code was used as an identifier by UNDP and UNOPS, but the lump-sum received by the applicant...
Outcome: The application was held to be out of time. The Tribunal did not find this case to be exceptional. The application was dismissed.
The application for deferral of judgment pending the outcome of the appeal is refused. The Respondent is to appoint an official of at least the rank of USG to consider afresh the complaints of the Applicant in respect of the conduct of the SG. The official is to launch an investigation, as appropriate, under staff rule 10.1 if it is reasonable to suspect that the SA acted in such a way as to justify the imposition of a disciplinary measure.
Accountability referral: the USG’s conduct in dealing with the complaint of the Applicant and in giving evidence to the Tribunal is referred to the SG for...
Outcome: The application is not receivable. A consideration of the merits also would have found it to be rejected in its entirety as no retaliatory motivations were established.
There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.
There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.
The Board of Examiners decided that the applicant did not satisfy the educational requirement. The applicant believed that she was qualified because she had obtained a vocational training from the Centre d’Ecriture et de Communication (“the Centre”), and that supportive remarks made about this by her supervisor and work colleagues confirmed her belief. The Centre was not a university or equivalent institution in the French educational system, and the applicant had not “five years of continuous service with the United Nations Secretariat by 31 December 1989”. These prerequisites did not...
Outcome: The respondent is to pay interest from the date the payment of the relocation grant became due, namely 4 May 2008, and until payment at the rate of 8 per cent per annum.
Outcome: The application was dismissed in its entirety.
