As regards the Applicant’s request for rescission of the contested decision, the Tribunal found that it was irreceivable insofar as decisions to extend a staff member’s appointment are not decisions adversely affecting a staff member and thus are not subject to appeal. As regards the Applicant’s request for a two-year renewal, the Tribunal further found that there were no legal provisions stipulating a particular duration of a fixed-term appointment.
Regarding the first administrative decision, the Respondent submitted that this claim was time-barred because the Applicant had failed to request management evaluation of the contested decision in a timely manner even though the Management Evaluation Unit (“MEU”) had actually granted the Applicant leave to file the request after the time limit had already expired; a decision which the Under-Secretary-General of Management had subsequently affirmed in the management evaluation letter. As for the second administrative decision, the Respondent contended that the claim in relation to the relevant...
The new system consists of a modernization of the system in place and does not change the staff members pre-existing obligation to accurately reflect their working hours. The Applicant has not provided the Tribunal with any persuasive arguments that would result in it to consider that the implementation of the Flex Time System infringed on either his contract of employment or his terms of appointment. The implementation of a practice, which is used to address specific needs of a department, does not become discriminatory solely due to the fact that other departments within the Organization do...
Premature filing of an Application: The Tribunal held that there is no rule that requires the Tribunal to wait for the action or inaction of the MEU before assuming jurisdiction in a case. The Tribunal held that it would not be in the interest of justice to reject applications indiscriminately solely on the basis that they were filed prematurely without taking into consideration the particular and/or exceptional circumstances that may exist in each of case.
Administrative decision: The Tribunal held that while the Application appeared to be challenging a decision of the Secretary-General, the fundamental decision being contested was actually the ICSC decision to reclassify the Addis Ababa duty station. Noting that the ICSC is an independent entity, the Tribunal held that: (i) its decision cannot be imputed to the Secretary-General; (ii) it cannot extend its jurisdiction to include decisions made by the ICSC; and(iii) that the Secretary-General has not been vested with any discretionary authority with respect to the implementation of ICSC...
The Tribunal ruled that the transfer within the recipient organization does not fall within the Tribunal’s jurisdiction and that, hence, the application was irreceivable ratione materiae in this respect. Regarding UNICEF's alleged failure to intervene to prevent the Applicant’s reassignment, while conceding that the Organization has a duty of care vis-à-vis its employees, the Tribunal found that such duty had not been breached in this case, since the Applicant informed UNICEF of her reassignment only a few days before she ceased being a UNICEF staff member following her inter-organization...
Receivability - ST/SGB/2008/5 provides comprehensive procedures, both informal and formal, to a person who alleges that he or she is a victim of prohibited conduct. Although the Applicant complained that the impugned decisions amounted to an abuse of authority, he did not invoke the procedures set up to address such allegations. Accordingly there is no decision made pursuant to the ST/SGB for the Tribunal to review.
The Tribunal found no evidence that a Weapons Restriction was placed on the Applicant on 4 February 2013 or in October 2013. The question of weapons restriction did not arise until 18 July 2014 when, following the Applicant’s refusal to attend a firearms training course, the Chief of Security gave him written notice. The Tribunal found the Application receivable but dismissed it on the merits. Receivability - The Tribunal gave the Applicant, who is unrepresented, the benefit of the doubt about the identification of the impugned decision in the interests of not depriving him of a full...
ReceivabilityThe placement of a staff member on administrative leave is within the discretion of the Secretary-General. It is an administrative decision for the purposes of art. 8.1 (c) of the Statute and within the well settled meaning of an administrative action as laid down in Andronov. The Tribunal cannot assume jurisdiction to determine the validity of an administrative decision unless it has been first referred to the Management Evaluation Unit pursuant to art.11.2 of the Staff Rules. In the absence of management evaluation of the decision to place the Applicant on administrative leave...
