UNDT/2010/033, Zhang
Outcome: The application is not receivable. A consideration of the merits also would have found it to be rejected in its entirety as no retaliatory motivations were established.
Outcome: The application is not receivable. A consideration of the merits also would have found it to be rejected in its entirety as no retaliatory motivations were established.
There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.
There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.
Outcome: Held that a preponderance of evidence supports that the impugned changes were motivated by genuine organizational readjustments and were not influenced by any improper considerations. Held the preponderance of evidence established that the Organization had acted appropriately. Application dismissed.
Outcome: The application was dismissed in its entirety.
Outcome: The respondent is to pay interest from the date the payment of the relocation grant became due, namely 4 May 2008, and until payment at the rate of 8 per cent per annum.
The Board of Examiners decided that the applicant did not satisfy the educational requirement. The applicant believed that she was qualified because she had obtained a vocational training from the Centre d’Ecriture et de Communication (“the Centre”), and that supportive remarks made about this by her supervisor and work colleagues confirmed her belief. The Centre was not a university or equivalent institution in the French educational system, and the applicant had not “five years of continuous service with the United Nations Secretariat by 31 December 1989”. These prerequisites did not...
In this case the initial inquiry was inadequate and affected by bias. Outcome: Applicant awarded USD20,000 for breach of contractual right. Parties directed to make submissions as to whether ST/AI/371 is still operative or has been implicitly appealed by ST/SGB/2009/7. Further hearing to decide as to whether USG’s conduct should be referred to the SG for possible action to enforce accountability pursuant to art 10.8 of the UNDT Statute.
UNDT held that the decision not to select the Applicant was appropriately reviewed by the JAB panel and therefore proper. UNDT held that the requirement of relevant experience was appropriate and necessary for this particular vacancy and that the selection process was conducted in a proper manner. UNDT held that the JAB panel addressed the appropriate legal principles and that, in applying those princples to the facts of the case, it asked the correct questions and considered the appropriate authorities. UNDT held that the Applicant failed to satisfy it that there was any material irregularity...
UNDT held that the Applicant clearly identified the administrative decision she wished to contest, and the fact that her Counsel stated that the contested decision was dated 14 April 2010 (the day of her being advised of her non-selection) and not 13 July 2010 (the date of the OIOS/USG’s ultimate selection decision) did not make any difference, as the latter decision was merely confirming the former and could be perceived as being impliedly contested in the application. UNDT also held that the Under Secretary-General of the Office of Internal Oversight Services’ ultimate selection decision...