51ÁÔÆæ

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

International standards on retrenchment and retention: There are international norms and standards regarding the termination of employment of work due to economic, technological or structural change, and the rights of retrenched workers and of staff representatives. The International Labour Organization Convention on Termination of Employment (Convention No. C158) (1982), which contains provisions applicable to all branches of economic activity and to all employed persons (art. 2), states at art. 4 that the employment of a worker shall not be terminated unless there is a valid reason for such...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...

The UNDT found that the Applicant was not afforded proper priority consideration for the CISS post under the framework established by staff rule 9.6(e). He, therefore, lost a fair chance of being selected for the CISS post. The UNDT also found that the decision not to select the Applicant was vitiated by the arbitrary and inconsistent application of the requirement of ¡°Headquarters experience¡±. The Tribunal finds that the Applicant has already mitigated his losses for some part of the relevant period and received compensation for the rest of the lost earnings as part of Lemonnier UNDT/2016/186...

As the Appeals Tribunal stated in Bowen 2011-UNAT-183, the Applicant¡¯s termination indemnity should be taken into account when awarding compensation. This is consistent with the Appeals Tribunal¡¯s pronouncement in Warren 2010-UNAT-059 that ¡°the very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organization complied with its contractual obligations¡±. Therefore, as both the termination indemnity and the payment in lieu of notice stemmed from the improper termination of the Applicant¡¯s appointment, these sums shall be deducted from...

The UNDT found that the Applicant was not afforded proper priority consideration for the DM post under the framework established by staff rules 9.6(e) and 13.1(d). Tribunal finds that, had the Applicant been afforded proper consideration for the DM post as a displaced permanent staff member, he would have had fifty per cent chance of being selected. The UNDT found that there was insufficient evidence to establish that the selection process was tainted by bias against the Applicant. Having considered relevant factors¡ªnamely, that (i) the Applicant lost a fifty per cent chance of being selected...

The UNDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The UNDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9(6)(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The UNDT found that the Applicant¡¯s termination was unlawful because he did not receive proper...

UNDT held that the non-renewal of the Applicant¡¯s contract was unlawful and that this decision was made in breach of his due process rights. UNDT held that the Panel erred when it recommended that the Applicant¡¯s contract should not be renewed. UNDT noted that the Administrative Instruction ST/AI/2010/5 does not grant a rebuttal panel the power to make recommendations on the extension or termination of a staff member¡¯s contract. UNDT also noted that not all procedural errors are prejudicial and not all procedural errors violate a party¡¯s due process rights, and it behooves the Tribunal to...