51ÁÔÆæ

Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.

Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.

Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.

The Applicant argued that the decision to abolish his post and to terminate his fixed-term appointment was tainted by improper motives, but the Tribunal found that the Applicant failed to meet the burden of proof. The Applicant applied for three posts at his level and the record showed that staff members holding continuing appointments from a closed peacekeeping mission were appointed to two posts. Since staff members holding continuing appointment have priority over staff members holding fixed-term appointment, the Administration¡¯s decision regarding these two posts was found to be lawful...

The Tribunal reviewed the present application and found that it was not receivable ratione temporis and ratione personae. In accordance with art. 8.4 of the Tribunal¡¯s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant¡¯s receipt of the contested administrative decision. The Applicant clearly indicated in her application that the contested decision dated back to 2010 and, in such circumstances, her application was not receivable ratione temporis. Furthermore, the Tribunal observed that while the...

In UNDT/NY/2019/012, the Applicant failed to request management evaluation of the contested administrative decision within 60 days and the application in this respect is therefore not receivable. In UNDT/NY/2018/045, the Applicant only learned the real reasons underlying the decision not to select him for the position at the management evaluation stage. Therefore, he was allowed to introduce arguments concerning these reasons in his application before the Dispute Tribunal even if he had not raised them at the management evaluation stage. The Administration decided to select two female...

The Applicant was not a staff member at the time of the contested decision, and her former employment was with a different entity than that concerned by the administrative decision under review in this case. No nexus existed between the Applicant¡¯s former employment with the Organization and the administrative decision under review, and the Applicant has therefore no standing to challenge this decision. The cancellation of a selection process is not a challengeable administrative decision. In this case, the canceled job opening was eventually re-advertised and the Applicant eventually selected...

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section.; The Ethics...

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section. The Ethics...

The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. UNDT/2019/122. The Tribunal concluded that Judgment No. UNDT/2019/122 related solely to the Applicant¡¯s challenge against MONUSCO¡¯s decision to abolish his post by way of a ¡°dry cut¡± and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant¡¯s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant¡¯s assertion that...