The UNDT remanded the Applicant’s request to the Secretary-General for consideration. The UNDT directed that, within one month of the date of this judgment, the Applicant shall submit any further documentation to the MSD New York that he wishes to be taken into consideration. The UNDT further ordered that, within 90 calendar days of the date of this Judgment, the Respondent, through a properly designated office, shall render a decision on the Applicant’s request.
United Nations core competency of Communication - Due to sheer incompetence and inefficiency, the Respondent’s agents did not exhibit professionalism when they failed in their duty to give proper, timely and accurate information regarding his employment and health status to the Applicant. They failed also to exhibit the core competency of communication which is required of every staff member. Requirement to file a management evaluation request - The new claims the Applicant sought to be allowed to introduce as part of this case which was instituted in 2012 are separate and distinct issues...
- Having weighed both accounts of the factual background of the case, alongside the evidence on record, the Tribunal finds that there was clear evidence of unsatisfactory performance during the period leading to the Applicant’s separation from service. Thus, it finds no wrong in the decision to terminate the Applican’s continuing appointment. - The accidents reported by the Applicant occurred after she received the letter terminating her contract effective immediately. Hence, at the time of the accident the Applicant was no longer a staff member of the Organization. As a result, she was not...
In relation to the Applicant’s first claim, the Tribunal held that pursuant to staff rule 6.2 the entitlement to sick leave does not follow a cycle calculated since the date of appointment as argued by the Applicant, but, rather, is calculated pursuant to its own cycle determined by the date of the sick leave. The Tribunal thus concluded that the method used by the administration to calculate the Applicant's sick leave days was consistent with staff rule 6.2, while the method advocated by the Applicant was not. Accordingly, the application failed on the score of sick leave. On the Applicant’s...
Receivability As it was not until January 2019 that the Applicant requested management evaluation of the 2017 decision to transfer her to a new position, the requirements for receivability of this aspect of her application were not met. Her request for management evaluation was too late. There is logic to the Applicant’s explanation, that it was not until the time of the subsequent non-renewal decision that she realised the extent to which the prior transfer had left her vulnerable to termination. However, that of itself does not justify that the strict provisions as to timelines are not...
The Tribunal found that Administration properly calculated the Applicant’s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been “re-employed” on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant’s sick leave entitlement of three months on full salary and three months on half salary was calculated...
