51ÁÔÆæ

The UNDT found that the contested decision was based on improperly imposed conditions not stipulated under staff rule 4.18 and thus lacked proper legal basis. Further, it was arbitrary and manifestly unreasonable. Therefore, the contested decision was unlawful. The UNDT found that, had the discretion been properly exercised on the stipulated conditions, the Applicant would have been reinstated in service and shall be treated as such. The UNDT ordered rescission of the contested decision. The UNDT ordered that the Applicant be deemed as reinstated in service and that proper adjustments be made...

The Respondent claimed costs for unnecessary litigation. The Tribunal dismissed the Applicant¡¯s claim in respect of the delay in submitting the PF4 form, ordered the Respondent to pay the Applicant the outstanding interest payment pursuant to Tolstopiatov UNDT/2011/012, and refused the Respondent¡¯s claim for costs. Enforcement of Judgment Order: The Tribunal ordered the Respondent to pay interest on the money which had not been fully paid under Tolstopiatov UNDT/2011/012 at the rate of the US Prime Rate plus 5 percent for the relevant time period. Costs: Whilst the Tribunal would discourage...

The Applicant stated that had the post been advertised, she would have applied and would have been found to fulfill the eligibility requirements. The Applicant subsequently filed a notice stating that, having been advised concerning the receivability issues in her case by her new counsel, she wished to withdraw her application. In light of what the UNDT construed to be an equivocal withdrawal, it sought confirmation from the Applicant that the case was withdrawn fully, finally, and entirely, including on the merits. The Applicant having stated that she was withdrawing the matter fully...

The application is filed within the statutory deadline and is therefore receivable.

The UNDT found that the Applicant¡¯s contract was not terminated but, instead, it was not renewed after its date of expiration. As termination indemnity was payable to staff members upon termination of their appointment and not in cases of non-renewal, the Applicant was not entitled to such payment. With respect to the interest on reimbursement for unused annual leave days, the UNDT found that, while that reimbursement amount was held by the Organization pending completion of the Applicant¡¯s separation paperwork, it accrued interest which is payable to the Applicant. With respect to the payment...

The UNDT found that the Applicant¡¯s contract was not terminated but, instead, it was not renewed after its date of expiration. As termination indemnity was payable to staff members upon termination of their appointment and not in cases of non-renewal, the Applicant was not entitled to such payment. With respect to the interest on reimbursement for unused annual leave days, the UNDT found that, while that reimbursement amount was held by the Organization pending completion of the Applicant¡¯s separation paperwork, it accrued interest which is payable to the Applicant. With respect to the payment...

At no time following the decision of the rebuttal panel did the Applicant seek an informal resolution of her case which could have suspended the applicable time limits in this matter.

The Applicant had been assured of her eligibility, short-listed, interviewed, recommended for the position, and copied on subsequent communications, following which the Administration decided that she was not eligible. The UNDT found that the decision to disregard part of the Applicant¡¯s work experience because it was obtained prior to her Master¡¯s degree was unlawful. The UNDT also found that the decision to disregard, in its entirety, the Applicant¡¯s experience between February 2004 and April 2006 because it was deemed by OHRM to be equivalent to the G-5 or G-6 level, was unlawful...

The UNDT stated several hurdles to the receivability of the present application, including with respect to receivability ratione personae, ratione temporis, and ratione materiae, although the UNDT also found that on the papers filed some of these issues would ordinarily warrant further examination had the application not been manifestly inadmissible. The UNDT found that the application was manifestly inadmissible because the Applicant failed 51ÁÔÆæ the statutory requirement of submitting a request for management evaluation of the contested decision prior to filing an application with...

The IAMA requires the receiving organization to recognize a staff member¡¯s service in the releasing organization for ¡°credit¡± purposes. However, it does not require it to consider that the performance of the contract in the releasing organization was undertaken in a setting other than in its original one. It cannot be considered that the Applicant¡¯s contract was, prior to joining the United Nations, either under the control of the Secretary-General of the United Nations or that the Applicant had to previously answer to the United Nations staff rules. Therefore, the Applicant does not meet the...