51ÁÔÆæ

The UNDT found no grounds for excusing the Applicant from his obligation to first request management evaluation before filing his application with the Dispute Tribunal.

The Applicant made a range of vague references to different circumstances surrounding the question of the closing of her complaint regarding harassment and abuse of authority, but failed to clearly define any other contested administrative decisions. The Tribunal therefore finds that the only issue properly before it as that concerning the decision of the Director to dismiss the Applicant¡¯s appeal regarding harassment and abuse of authority in accepting the findings of the OIA.

The Applicant applied twice for the position of Director of Investigations, Office of Internal Oversight Services (¡°OIOS¡±) (¡°the Post¡±) at the D-2 level. The Post was first advertised in a vacancy announcement in 2008 and again in 2009. A selection panel set up by OIOS recommended him as the only qualified candidate for the Post in each instance. Neither of these recommendations was approved by the Special Review Group (¡°SRG¡±) and, as a result, no appointment was made to the Post. A third vacancy announcement was issued, for which the Applicant did not apply. The Applicant submits that he...

In view of the Applicant¡¯s submission, the case was found moot and the application was dismissed. The Applicant alleged that UNAMA reneged on an undertaking made in her previous application for suspension of action in May 2012, thus frustrating her temporary engagement. The Respondent submitted that the Administration had no objections to the Applicant going on a non-reimbursable loan, and that successful efforts were made to find the Applicant a temporary assignment with the United Nations Integrated Mission in Timor-Leste (¡°UNMIT¡±). The Applicant subsequently filed a submission informing the...

The proposed competitive process was necessitated by the ending of funding for the Capital Master Plan (¡°CMP¡±), a large-scale long-term renovation of the United Nations Headquarters Complex in New York. According to the Respondent, the Applicants¡¯ posts are funded through CMP; the Applicants dispute this. The main issue in this case is whether the contested decision to subject the Applicants to the ad hoc competitive process test is lawful. The Tribunal found that the ad hoc competitive process announced in April 2012 was unlawful and ordered rescission of the decision to carry it out.

The Tribunal finds that jurisprudence does not constitute a new decisive fact.

Sub judice: The sub judice rule restricts the publication of prejudicial information relating to proceedings that are current before a court or pending judicial consideration and determination. Publication of prejudicial information about a person will not attract liability for contempt if proceedings involving that person are not yet pending (although a publication in this situation may attract liability on other legal grounds, for example, a defamation action in the domestic courts). Publication of material on matters that are sub judice may result in contempt of court, punishable in many...

The UNDT found that the Applicant¡¯s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The UNDT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The UNDT rejected the Applicant¡¯s claims of emotional distress as unproven. The UNDT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...

t. The applicant submits that her request for suspension of action is timely as the contested administrative decision has yet to be implemented. Legal Pronouncement: The decision to select a successful candidate is implemented upon the candidate¡¯s unconditional acceptance of the offer presented to him which results in the formation of a binding employment contract between the candidate and the Organization. The formation of the employment contract, which results in the implementation of the post selection decision, will precede the date on which a successful candidate will assume his/her new...

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant¡¯s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent¡¯s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...