51ÁÔÆæ

The UNDT noted despite reminders sent by the Staff Union, and once the Applicant realized that her application had not been processed, she still did not take any action to rectify the situation, and filed her application only nearly two years later. The UNDT found that the circumstances the Applicant described could not be considered ¡°beyond her control¡±, and rejected her request for a waiver of the time limit to file her application as being unfounded; hence the application was rejected as being time-barred.

The Applicant, who had been separated on 31 December 2012, filed a report to OIOS in January 2013 referring to ¡°gross breaches of UN project management and procurement rules and regulations¡± (part A of the complaint), ¡°mal intended recruitment¡± (part B of the complaint) and ¡°misconduct of supervisor¡± (part C of the complaint). He appealed the OIOS decision not to launch an investigation into his report and ¡°not to provide him with the requisite information and to provide misleading information¡±. The Tribunal found that the application with respect to the decision not to investigate part A was...

The Tribunal found that the acts described under (1), (4) and (5) did not meet the definition of a challengeable administrative decision, whereas the Applicant¡¯s contention with regard to (2) was moot since her appointment had been extended by the Organization and she was not separated after 31 December 2013. The Tribunal further rejected the Applicant¡¯s contention made under (3), as it considered that she did not fall under the categories of staff members for which the Assistant Secretary-General for Human Management has the authority of exceptional placement outside the normal selection...

The Tribunal considered both applications receivable, and held that both the fact-finding panel and the ICTR Registrar misinterpreted the definition of harassment contained in ST/SGB/2008/5 by finding that an action which happens only at one instance, without any previous or subsequent similar behavior, does not amount to harassment, since harassment normally implies a series of incidents. The Tribunal recalled the definition of harassment and its constitutive elements, which may also include a one-off incident as affirmed by the Appeals Tribunal, and decided to rescind the decision to close...

The Tribunal found that the Applicant¡¯s submission did not contain any dates for the impugned acts, nor any succinct statement of facts and reasons to contest such acts. It therefore dismissed the case for lack of substance and abandonment of proceedings.

He alleges that the decision was discriminatory, since based on his Kurdish ethnicity, and not based on reasons of force majeure, namely the earthquake that occurred in Van in October/November 2011 and which led to the temporary closure of the UNHCR office in Van. A hearing took place 0n 5 February 2013, during which the Applicant requested the Tribunal to call a witness to provide testimony concerning his claim that the decision was discriminatory. His request to have his witness heard was, however, not granted and Judge Cousin, in Judgment Kacan UNDT/2013/025 of 19 February 2013, rejected...

e was working as Project Manager on an extra-budgetary project, funded exclusively by one member state, and his FTA was limited to his post and department. The decision was based on the discontinuation of the project funding by the Donor. The initial decision had been notified to the Applicant on 13 November 2012, and he requested timely management evaluation thereof. However, upon misleading advice from the MEU, he subsequently submitted a new request for management evaluation against the second, confirmative decision not to extend his appointment beyond 31 May 2013. Thereafter, upon receipt...

The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal¡¯s Statute. C

The Applicant claimed that the Administration had implicitly accepted that he was suitable as he had not been excluded from the process at the stage when suitability was discussed. Hence, and given that the applicable UNHCR recruitment rules provide for priority consideration of internal candidates, no external candidates should have been even considered. The Tribunal concluded that the Applicant did not meet the minimum educational requirements nor the required professional experience for the post; as such, he was not eligible and, thus, not suitable for the post. Despite him being an...

It is not clear when exactly the decision was first notified to the Applicant. However, by email of 23 August 2013, a Senior Human Resources Officer clearly informed the Applicant of the decision and provided him with a comprehensive explanation on the rationale and the legal basis thereof. Thereafter, the Applicant contacted the Chief, HRMS, UNOG, and the Director, Division of Administration, UNOG, seeking reconsideration of his request. By email of 25 November 2013, the Chief, HRMS, noted that the Applicant would soon be informed of the outcome of HRMS consideration of his case. Moreover, on...