51ÁÔÆæ

The Tribunal found that the Assistant Secretary-General had conducted a fair review and had not merely rubber-stamped the Executive Secretary¡¯s recommendation and that some of the allegations appeared well-founded so that in principle consideration of administrative leave was not improper. However, the feasibility of redeployment was not properly considered by the Executive Secretary, who had informed the ASG that there were no suitable posts available and that it would in any event be costly to redeploy the Applicant. In fact it appeared that there was a post available, to which the Applicant...

The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant¡¯s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...

The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.

In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by UNHCR on allegations of corruption in refugee processing in the Nairobi office of UNHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...

The Tribunal found that the Executive Secretary of ECA, who made the decision to fill the post from the roster, was not acting unlawfully in so doing, since ST/AI/2010/3 (Staff selection system) permitted this.

Waiver of management evaluation deadline: The Tribunal held that the Respondent effectively waived the deadline for management evaluation and gave the Applicant the discretionary authority to decide when to litigate her matter by engaging her on the merits of her claims, even though her request for management evaluation was approximately 6 weeks late, and by suspending her request for management evaluation ¡°until further notice¡± with an undertaking that she could request for resumption of the formal process ¡°at any stage in the future¡±, should the issue not be resolved to her satisfaction.

An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.

Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if heintends to put forward a different version of events from that given by the claimant, he...

Administrative decisions: What an administrative decision is or is not depends on the nature of the decision, the legal framework under which the decision has been made and the consequences of the decision, which dispels any notion that administrative decisions can be placed in any kind of legal strait jacket. Performance evaluation: Notwithstanding the bar to rebutting successful performance ratings in section 15.1 of ST/AI/2010/5, when a contested administrative decision is alleged to be in violation of the legal issuances of the Organization, it is actionable before the Tribunal in so far...

Due process: The evaluation of the Applicant¡¯s performance for the 2008/2009 reporting cycle was not carried out in accordance with the established procedures and materially discredits the Respondent¡¯s case. UNON had an obligation to defer the non-renewal decision until the rebuttal process had been completed but failed to do so. This was a violation of the Applicant¡¯s due process rights. Bad faith: The negative relationship between the Applicant¡¯s former FRO and SRO was contributory to the non- renewal of the Applicant¡¯s contract. The Applicant¡¯s SRO demonstrated ill-motive and unethical...