51ÁÔÆæ

It was not disputed that the Applicant borrowed money from a Sales Manager working in a company doing business with MONUC. In the light of the applicable law and in particular the financial and procurement rules, the Tribunal found that misconduct had been properly established. Nonetheless, the Tribunal found a certain number of mitigating factors such as the fact that he repaid the loan in full and that it was a ¡°one-off decision¡±. Therefore, the Tribunal took the view that the sanction was not proportionate.

The Tribunal found that both the decision to remove the applicant from her post and the decision to place her on SLWFP constituted a proper exercise of the Secretary-General¡¯s discretion pursuant to former staff regulation 1.2 (c) and former staff rule 105.2 (a), respectively. However, the Tribunal also considered that keeping the applicant on SLWFP for four years and four months breached staff rule 105.2 (a), as it did not serve the interests of the Organization. The Tribunal further found that this breach had caused the applicant moral injury for which she should be compensated. Disguised...

The respondent had sufficient grounds to believe that the applicant had, by altering the form, breached a fundamental requirement safeguarding the integrity of the refugee resettlement programme of UNHCR. This amounted to serious misconduct and was in breach of staff regulation 1.2. However, the failure to have due regard to independent evidence of an oppressive work environment and by not carrying out a proper investigation, as unanimously recommended in the JDC report, the Secretary-General effectively deprived himself of material which would have placed the misconduct in its proper...

The Tribunal found that was no breach of former staff rule 109.3(a) or 109.3(c) and the applicant¡¯s due process rights were respected. Outcome: Application dismissed.

The applicant was not separated because of an organisational necessity neither because of the expiry of his short-term contract -he did not have a signed contract. He was separated because of a disciplinary measure following the findings of the selection panel. The separation of the applicant was unlawful for two reasons: the decision was made without proper delegated authority (the authority to terminate a short-term appointment as a result of disciplinary measures has not been delegated by the Secretary-General in accordance with ST/AI/234/Rev.1) and the process was in violation of the rules...

The applicant was not separated because of the expiry of his short-term contract -he did not have a signed contract- but because of a disciplinary measure following the findings of the selection panel. The separation of the applicant was unlawful in two respects: the decision was made without proper delegated authority (the authority to terminate a short-term appointment as a result of disciplinary measures has not been delegated by the Secretary-General in accordance with ST/AI/234/Rev.1) and the process was in violation of the rules governing separation as a disciplinary measure, including...

Section 8.9 of ST/AI/1999/3 applies only to holders of fixed-term appointments. It is therefore not relevant to the applicant¡¯s case, as he held an indefinite appointment. Regarding the payments due, a clear distinction must be made between the termination indemnities, which are automatically due to the concerned staff member in the event of termination of his/her contract, as provided by the Staff Regulations and Rules, and the compensation package, which, in addition to that which is legally due, includes a certain amount that the administration chooses to give ex gratia; as such, it is...

UNDT found that the restructuring and the creation of the new post were undertaken in good faith and the decisions to abolish the applicant¡¯s post and to end his contract were proper. UNDT also found that the applicant was told about the new post and invited to apply. As to the failure to complete the work plan and performance evaluation reports, this was irrelevant because it was not the reason for the non-renewal of the applicant¡¯s contract, and, in any case, was due to the applicant himself. Outcome: The application was dismissed.

According to former staff regulations 9.1 and 9.3, the decision to offer an agreed termination is within the discretion of the Secretary-General. In accordance with the ¡°note on agreed termination¡±, a guideline used by Administration to ensure equal treatment, the applicant was not in a situation in which the Organization may have considered that an agreed termination was in the interest of the good administration. In fact, his health problems were not grave enough to prevent the proper exercise of his functions in accordance with the recommendations of the Medical Joint Service. Neither did...

The Applicant¡¯s fixed term-appointment came to an end as a result of her service-incurred injury. The Applicant¡¯s fixed-term appointment was in fact terminated and it is disingenuous for the Respondent to argue that ¡°it was allowed to run until the end of the term and was not renewed on medical grounds.¡± The administrative decision not to renew the Applicant¡¯s fixed-term appointment due to the Applicant¡¯s inability to resume her professional activities with ICTR in Arusha was informed by improper motive. The applicable procedural rules that should have been followed by the Respondent in this...