51ÁÔÆæ

The UNDT found that the policy or practice had no legal basis in any of the norms of the Organization and was thus unlawful. The Tribunal ordered the rescission of the policy in relation to the Applicant and moral damages of three months¡¯ net base salary. Enforcement of an unlawful policy or practice: Reports of the Fifth Committee do not carry the same legal force as General Assembly Resolutions. The Secretary-General is also not mandated, in the absence of an express statutory provision, to incorporate into a staff member¡¯s terms of employment any policy or recommendation from a Committee...

The Tribunal concluded that there was cogent evidence that extraneous factors were taken into account in the decision not to extend the Applicant¡¯s contract. The Tribunal thus held that the Applicant had sufficiently discharged his burden of proof. He showed that the actions of the Respondent¡¯s agents were unfair, improperly motivated, and wholly arbitrary.

The Tribunal held that since summary dismissal/termination may have been the possible outcome at the end of the disciplinary process, the Respondent had to establish by clear and convincing evidence that the daily casual worker (Mary) was transferred to MovCon as a result of the alleged sexual relationship between her and the Applicant. The Tribunal concluded that the facts upon which the disciplinary measure was based were not established and that the facts which were established did not legally amount to misconduct under the Regulations and Rules of the United Nations. Consequently, the...

Jurisdiction: The Tribunal concluded that it did not have jurisdiction over this SOA in light of the fact that the Applicant had received a response to his request for management evaluation prior to the filing of his application. Thus, the contested administrative decision was no longer the subject of an ongoing management evaluation as required under art. 2 of the Statute.

The application was filed approximately eleven months after the period stipulated in the Statute and the Rules of Procedure of the Tribunal and was therefore deemed to be time-barred. Additionally, the Applicant failed to make any submissions on the issue of receivability thus the Tribunal concluded that this was not an exceptional case to warrant a waiver of the time limit. The UNDT concluded that the application was time-barred and therefore not receivable.

The Dispute Tribunal shall not award exemplary or punitive damages. The Tribunal did not find any procedural flaws in the competitive review process as it was implemented in the Applicant¡¯s case. All three candidates for the PIO posts were assessed against the same methodology and criteria adopted by the CRP. The Applicant was not accorded full and fair consideration for the second P-3 PIO post in UNMISS contrary to the policy adopted by the CRP. In this regard, there were both substantive and procedural irregularities on the part of the Respondent.The Applicant is entitled to compensation for...

The UNDT found that the Respondent had failed to fully comply with his obligations under ST/SGB/2008/5 with respect to the Applicant¡¯s complaints and that the Respondent had violated the Applicant¡¯s rights by not promptly providing her with a summary of findings and conclusions and by not investigating allegations of misconduct that impacted on her. Action to be taken under sec 5.14 of ST/SGB/2008/5: Depending on the circumstances of the case, section 5.14 may have two elements that must be satisfied by the Organization. The first component of section 5.14 is the review and assessment of the...

The Tribunal found that the PCO¡¯s role was vitiated by bias towards the Applicant, the evaluation of the Applicant was not objective, the selection exercise was unlawful and the Organization failed to discharge the burden of presumption of regularity. Naming of names: The Statute does not define ¡°personal data¡±, but for the purposes of judgments, it is unlikely to include names. Applicants are routinely named by the UNDT and UNAT in the headings of published cases except in circumstances where anonymity is granted by the Tribunal. Bias: In the legal sense, may be actual or apparent but either...

On the score of prima facie unlawfulness, the Tribunal noted that, in the letter to the; Applicant dated 19 November 2012, the Chief Human Resources and Planning Section (HRPS), informed her that her application of for the FS-5 post was not successful. The Applicant was also informed that a suitable positin had been identified for her, namely, a Claims Assistant at the G-6 level. The Tribunal found that the identification of a G-6 level post for the Applicant who at the time encumbered an FS-4 level post could not be considered a suitable position for the Applicant as required by sections 10.2...

The Administration, having reviewed the OIOS report, had reason to believe that the Applicant may have engaged in unsatisfactory conduct for which disciplinary measures may be imposed. The discretion was exercised judiciously by the responsible officers after review of the OIOS Investigation Report. The findings of the ASG/OHRM were those of an objective observer who had scrutinized the entire dossier and made conclusions on the basis of the evidence before him. There was no procedural irregularity on the part of the Organization as there was full compliance with ST/AI/371. Where an Applicant...