51ÁÔÆæ

The parties disagreed as to the date the contested decision was notified to the Applicant and the Tribunal had to determine which of the communications triggered the running of the 60-day time limit to request management evaluation.; It was uncontested by the Applicant that he was informed, unequivocally, by his manager on 28 October 2015, that his contract was going to be terminated effective 31 January 2016 and that he was being placed on special leave with full pay as of 1 November 2015. He was also unequivocally informed on that date that he would no longer have access to his emails and...

From both the testimonies and the documentary evidence before the Tribunal, it found as established that the dire financial situation at UNDP KCO, as it related to the ¡°11888 fund¡±, was the reason for the non-renewal of the Applicant¡¯s contract. The Applicant did not produce any evidence allowing the Tribunal to conclude that at the time of the contested decision, the ¡°11888 fund¡± still had funds to allow the Organization to renew her contract. While it is not contested that an incident occurred during the mission to Rwanda in 2014, the Tribunal does not find that the testimonies and...

The claim the Applicant filed on 27 March 2013 was out of time and subject to the Secretary-General¡¯s discretion excercisable ¡°in exceptional circumstances¡± because she did not submit the claim within four months of knowledge of the injury as required by art. 12 of Appendix D. With respect to the existence of exceptional circumstances, the ABCC disregarded evidence and information provided by the Applicant regarding her medical condition which impeded her ability to direct her attention to the claim for service incurred injury. The ABCC did not consider these reasons, apportion appropriate...

The application was deemed premature because the Applicant failed to request management evaluation of the impugned decision.

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

The Tribunal concluded that, based on the inconsistencies identified in the complainant¡¯s statement during the investigation, together with the absence of his testimony during the appeal, as the only direct witness apart from the Applicant, the complainant¡¯s version of facts did not corroborate the other witnesses¡¯ statements, except for one witness, who had only an indirect knowledge of the alleged incident. The Tribunal concluded that there was no reasonable link between the alleged physical assault and the existing injury. The Tribunal further concluded that the procedure followed was...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

While the eventual payment of arrears put an end to the ongoing breach by the Administration, it did not erase the failure to pay the salary when due, and in due amounts, nor the damage that would have been occasioned by the lack of timely payment during the period of two years. The Tribunal found that the duration of the breach and its continuing character was, by UNDT experience, extreme. This was combined with the obscurity of its cause, i.e., ¡°technical problem with funding¡± which remained unexplained. Reasonably, a problem with funding for the position should have prevented the deployment...

The Tribunal held that the managers concerned acted in accordance with the obligations placed on them by sections 9 and 10 of ST/AI/400. Given the fact that the Applicant absented himself from work in Sector East without proper authorization and failed to heed the advice and requests sent to him, the Organization did not act unlawfully in taking steps to place him on SLWOP. Moreover, it was lawful for the Organization to take steps to recover payments made in advance in respect of education grant and travel in circumstances where such advances were not utilised for the purpose for which they...