51ÁÔÆæ

The Tribunal held that MONUSCO¡¯s 17 October 2014 inter-office memorandum unambiguously informed the Applicant of the mission¡¯s decision to end his appointment, which at this point was a continuing appointment, by separating him from service on 24 October 2014. The Tribunal held that the 17 October 2014 inter-office memorandum was an administrative decision because it had a direct and adverse impact on the Applicant¡¯s contractual status and had direct legal consequences for him. The Tribunal concluded that the FPD/DFS response of 31 October 2016 was a reiteration of the 17 October 2014 decision...

The Tribunal is required to factually find that the decision that is impugned before it is in the process of being administratively reviewed. A preliminary finding to this effect is a prerequisite for litigation before this Tribunal. The record before the Tribunal did not show that a request for management evaluation had been filed by the Applicant. The Applicant was given the opportunity to address this situation and correct it, but did not. The application therefore was found incompetent and the only option open to the Tribunal was to summarily dismiss it for want of management evaluation.

The Tribunal concluded that the Respondent failed to notify the Applicant of the overpayment and that this failure was a breach of its obligation under section 2.3 of ST/AI/2009/1. Although the Applicant failed to report the overpayment, the Tribunal found that he was not negligent in his duty to report because he was caught up in a perilous security situation at the time he received his pay slip at the end of November 2015, which may have caused him to not advise the Respondent of the overpayment. The Tribunal noted further that ST/AI/2009/1 does not make the Respondent¡¯s obligation to notify...

Since there was no written agreement or any other signed document that clearly showed the Respondent¡¯s undertaking to pay the Applicant USD10, 790, the Tribunal determined whether there was an implied in-fact contract by examining the parties¡¯ intentions based on their conduct and other circumstances to establish if there was mutual assent and consideration. The Tribunal concluded that all the elements of a binding, valid and enforceable contract existed between the parties because: (i) there was mutual assent leading both parties to jointly inform the Tribunal that they had established the...

The Tribunal found that the Applicant¡¯s claim in respect of recoveries from his pension, affirmed by the Management Evaluation Unit on 14 April 2015 was not receivable. The Tribunal held that the Applicant had until 13 July 2015 to file an application challenging the decision but he failed to do so. With regard to the Applicant¡¯s request for retroactive dependency benefits of his adopted children, the Tribunal held that the Applicant was required to request management evaluation of that decision within 60 calendar days, but he did not do so. Consequently, the application was rejected as it was...

After being presented with the allegations of misconduct on 9 July 2014, the Applicant responded on 21 August 2014. The decision to impose a disciplinary sanction on the Applicant was communicated to him on 4 December 2014. Thus, a review of the entire case against the Applicant and communicating to him of the outcome took a little over three months. This time frame was not unreasonable and did not constitute a breach of due process. On the facts before the Tribunal, the Applicant did not adduce any evidence to give the Tribunal a basis for reviewing the Secretary-General¡¯s exercise of...

UNAT considered the Secretary-General¡¯s appeal. UNAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. UNAT held that the UNDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. UNAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. UNAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

UNAT considered an appeal by the Secretary-General. UNAT held that the UNDT¡¯s finding that there was no legal basis for the Administration to assert that Mr Muwambi was subject to the requirement of clearance by a central review body, constituted an error of law since such clearance was a requirement clearly established by the legal framework of the Organisation. UNAT held that, given the discontinuation since 30 June 2015 of the practice of temporarily reassigning staff affected by downsizing in a peacekeeping mission to allow them to apply for vacant positions, practice on which Mr Muwambi¡¯s...

UNAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

UNAT held that UNDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. UNAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. UNAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. UNAT held that UNDT committed no error of law, fact, or...