51ÁÔÆæ

ST/IC/2006/60, the legality of which has not been contested by the Applicant, is clear as far as the rates for relocation grant are concerned. It stipulates on the one hand that for single staff members ¡°separating from service following appointments or assignments of one year or more¡±, the applicable rate is USD10,000, and on the other hand that ¡°for assignments of less than one year¡± the rate is USD1,200. It is clear that the Applicant, who was assigned to Geneva for six months only because he decided to resign, falls within the latter category. The Administration could thus rely on this...

Noting that both the Dispute Tribunal and the Appeals Tribunal had repeatedly emphasized the need to observe time limits, the Tribunal rejected the application as time-barred, without ruling on the admissibility ratione personae of it.

The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.

The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.

The preliminary issue at stake was whether the Tribunal had competence ratione personae to examine this application. In this regard, the Tribunal found that, under the relevant UNDP rules, persons recruited under Service Contract are not staff members. It therefore considered that it did not have competence to adjudicate this case. It also found that the facts had clearly established that the Applicant had actually amicably settled the issue of the non renewal of his contract and received USD 9593 as compensation. The Tribunal therefore considered that the Applicant, who was a party to this...

The Tribunal raises on its own motion the question of the receivability ratione materiae, namely whether the OIOS decision was an appealable administrative decision. On the merits, it finds that the OIOS decision is lawful. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass judgment on an application, including whether the contested decision is an...

The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.

While finding that there had been a procedural flaw in the FOPA evaluation, inasmuch as the Applicant had been denied a rebuttal, the Tribunal considered that there was not causal effect between this flaw and the non-renewal decision, noting that the contested decision refers only to the third and last appraisal, which was made in accordance with the applicable rules. Resolution 59/296 and reappointment of 300 series staff members under 100 series: The said resolution authorises the Secretary-General to reappoint staff members holding an appointment under the 300 series of former Staff Rules...

The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.

The Tribunal found that the OIOS decision was an appealable administrative decision but that the application was time-barred. Force of JAB conclusions and recommendations: The Tribunal is not bound by the conclusions and recommendations of the Joint Appeals Board, which is only a consultative body. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass...