51ÁÔÆæ

The Tribunal concludes that the decision appears prima facie to be unlawful. The instant case meets the requirement of urgency. The Tribunal accepts the Applicant¡¯s assessment of the potential irreparable harm the implementation of the break in service would cause, particularly in light of the visa implications and his children¡¯s educational needs. The Tribunal orders suspension, during the pendency of the management evaluation, of the implementation of the decision requiring the Applicant to take a mandatory break in service after the expiration of his fixed-term contract and prior to a...

The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues¡ª(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant¡¯s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization¡¯s obligation to regularly inform its employees concerning the...

The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues¡ª(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant¡¯s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization¡¯s obligation to regularly inform its employees concerning the...

Outcome: The Applicant¡¯s claim relating to the non-renewal of contract was not receivable (time-barred) and his claim for reimbursement of salary was rejected for lack of evidence. The Respondent was ordered to remove the note from the Applicant¡¯s file and pay the Applicant six months¡¯ net base salary for the breach of due process rights and the effect of the note on his career.

UNDT held that the impunged decision was prima facie unlawful. UNDT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. UNDT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant¡¯s filing of his application was prompt and...

The Initial Reprimand. The provisions of ST/AI/292 and the doctrine of audi alteram partem were not observed in that the Applicant was not afforded an opportunity to see and to comment on the reprimand before it was issued for which reason he had no opportunity to comment on it in advance. The Reinstated Reprimand. The Tribunal identified the following difficulties with the Reinstated Reprimand: (1) as with the Initial Reprimand, the Applicant was not permitted to see and to comment on the Reinstated Reprimand in accordance with ST/AI/292; (2) the rules and regulations of the Organization...

UNDT considered that, in the circumstances of the Applicant having informed UNDTthat he will not file an application because UNDT lacks jurisdiction in this matter, the proceedings have been abandoned. UNDT cloased the case for want of prosecution.

On 31 December 2010 the Tribunal granted suspension of action pending management evaluation, pursuant to Order No. 338 (NY/2010). UNDT held that it was evident that the decision not to renew the Applicant was influenced by at least some improper considerations that, as a result, it was satisfied of the prima facie unlawfulness of the decision. UNDT also held that the situation held particular urgency. UNDT further held that, given the criticisms made of the Applicant¡¯s performance, it was reasonable to conclude that if the contested decision was not suspended, irreparable harm to the Applicant...

The Applicant has no interest in the maintenance of the proceedings, therefore the case is closed.

The Applicant contended that the Complainant¡¯s evidence contained numerous discrepancies and that the Complainant had exercised prevarication over her own statements and had displayed ambivalence over attempts to privately resolve the matter. The Applicant further contended that the finding of sexual harassment was based on the victim¡¯s own perception of the Applicant¡¯s actions. The Tribunal found that: based on the testimony and the entire file, the facts upon which the disciplinary measure was based were established; by any objective measure, the Applicant¡¯s conduct was prohibited by UNICEF...