51ÁÔÆæ

The Tribunal found that both the decision to remove the applicant from her post and the decision to place her on SLWFP constituted a proper exercise of the Secretary-General¡¯s discretion pursuant to former staff regulation 1.2 (c) and former staff rule 105.2 (a), respectively. However, the Tribunal also considered that keeping the applicant on SLWFP for four years and four months breached staff rule 105.2 (a), as it did not serve the interests of the Organization. The Tribunal further found that this breach had caused the applicant moral injury for which she should be compensated. Disguised...

1998 reclassification: The issue of the 1998 reclassification exercise is long out of time and no circumstances justify the review of it now. 2005 reclassification: Examining the 2005 reclassification exercise is moot as the post was abolished and the applicant did not challenge the abolition. Withdrawal of SPA: In relation to the period for which the applicant¡¯s SPA was withdrawn, it would be reasonable to expect a notation of a change in functions in the e-PAS records as there was a crossover between two cycles. However, there was none and the SPA should thus be retroactively paid...

The Tribunal found that the evidence adduced by the respondent did not sufficiently support the charge that the applicant had not paid for three tickets issued to him by MCM and that, accordingly, the applicant should be given the benefit of the doubt in respect of this charge. About the applicant¡¯s unauthorized absences from the mission area, the Tribunal held that, taking into account the specific circumstances of the case, a dismissal was disproportionate to the offence and that a written censure would be an appropriate measure. The Tribunal found that the applicant¡¯s due process rights had...

The applicant, a P-3 level staff member, applied for the P-4 post of Chief of her Unit. She was not selected. It later transpired that the applicant had initially received the highest score, but her supervisors, who participated in the selection, increased the successful candidate¡¯s score. This resulted in the successful candidate being ranked higher than the applicant. The Secretary-General agreed with the finding of the Joint Appeals Board that the applicant¡¯s rights were violated and awarded her compensation in the amount of three months¡¯ salary. The applicant appealed, seeking additional...

Article 10(5) of the Statute of the UNDT is silent as to how compensation to be awarded to a party is to be calculated. The Respondent submits that in such circumstances where there is a lacuna in the internal law of the organization, general principles of law provide a source of internal administrative law and should be applied. The Tribunal agrees with this reasoning and further notes that how this Article will be applied will depend on the particular circumstances of each case. The recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages. An...

According to the Organization¡¯s broad discretion to reassign its employees to different functions, provided that the new position is in line with the grade, qualifications and professional experience, the Applicant could have been redeployed in principle. As legally required prior consultations with staff representatives were not held and - in addition - the agency showed lack of good faith by informing the Applicant only by ¡®all staff e-mail¡¯, procedural flaws vitiated the contested decision. Regardless of its significance, non-compliance with legal provisions specified in art. 2.1 UNDT...

A judgment in which it is decided that the summary dismissal of the Applicant was wrongful calls for a rescission of the said sanction. The Applicant had a reasonable expectation that he would remain in service beyond the date of his wrongful summary dismissal. The Tribunal refuses the request that the Applicant ought to be compensated on a P5 scale and agrees with the Respondent¡¯s argument that such an award would be merely speculative. A summary dismissal is the most severe sanction that the Respondent may impose on a staff member for serious misconduct. Judicial notice is taken of the fact...

There may be cases that take longer to be heard by the UNDT and that this may provide a reason justifying compensation beyond the two-year limit. This was such a case. Compensation in lieu of rescission was set at two years and 2 months¡¯ net-base salary. The Applicant¡¯s claim for compensation was excessive. It equated to over 13 years of net-base salary plus payment of a number of entitlements. Apart from being well outside the scope of compensation that might properly be ordered by the Tribunal, the Applicant¡¯s claim was predicated on the mistaken belief that but for the unlawful dismissal he...

Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had UNICEF properly complied with its own rules. Length of a new contract: Had UNICEF fulfilled its obligations, the Applicant would have been offered a new contract as a two-year fixed-term appointment. Possible renewal: It could not be assumed that, had the Applicant been offered a new contract, then this contract would automatically have been renewed indefinitely¡ªthe...

The Tribunal examined whether the compensation granted to her by the Respondent was adequate to provide reparation for the damage she suffered as a result of the irregularities committed. The Tribunal found that none of her allegations was proven. It considered that the Applicant did not suffer any material damage as a result of the contested decision and that the compensation already given to her was sufficient to repair any moral damage. Selection procedure: It is for the Administration to determine the suitability of each candidate and the Tribunal should not substitute its judgment to that...