51ÁÔÆæ

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...

Judicial review of disciplinary cases: It was not required or expected of the staff members under the former system of justice to file separate appeals regarding each intermittent stage of the disciplinary process. It is impossible to artificially split the disciplinary process into separate stages after its completion and file separate appeals with the Tribunal with respect to each stage, expecting that they would be considered piece-meal. Moreover, even if that were possible, the Applicant would have been required to submit separate appeals to the JDC or file separate requests for...

This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one¡¯s life chances cannot adequately be compensated by money. Although the Applicant¡¯s suspension of action did not specify a date until which the requested suspension of action should be applied, the UNDT granted it but limited it in time, per art. 13 of the Rules of Procedure of the Dispute Tribunal, to the...

The UNDT found that the non-renewal appeared to be based on a mission-wide retrenchment exercise and that it appeared that the Applicant served in an occupational group and against a functional title impacted by the downsizing of MINUSTAH. The UNDT found that there was no evidence before it to indicate that the panel responsible for carrying out a comparative review of the affected staff members erred in applying the agreed evaluation criteria when assessing the Applicant and other staff members in the related category.Outcome: The application for suspension of action was rejected.

The contested decision was to go into effect on 1 June 2012. The initial papers were received by the Tribunal on 29 May 2012, and the Applicant subsequently re-filed her papers as proper application on 30 May 2012. The UNDT found that the urgency in this case was created by the Applicant as she was aware of the contested decision at least since 13 April 2012, and yet filed her proper application only two working days before the decision was to be implemented, providing no explanation for not filing it earlier. As the condition of particular urgency was not met, the UNDT did not find it...

Following the filing of the application for suspension of action, the Respondent filed a submission stating that UNAMA had agreed to allow the Applicant to retain a lien against her post and, accordingly, the application should be dismissed as moot. In response, the Applicant submitted to the Tribunal that, although UNAMA had agreed to grant her a lien on her post, as a result of this decision not made earlier, she would be placed on special leave without pay due to the exhaustion of her sick leave and annual leave days, pending finalization of arrangements for temporary employment in New York...

Renewal: Although staff members do not have an automatic right to renewal, they have a right to a fair consideration for renewal and for a decision based on proper reasons.Renewal, non-renewal, and limitations under art. 10.2 of the Statute: Staff rule 9.6(b) provides that ¡°[s]eparation as a result of ¡­ expiration of appointment ¡­ shall not be regarded as a termination within the meaning of the Staff Rules¡±. It is clear that non-renewal decisions are not covered by art. 10.2 of the Statute as they are not a form of termination.Selection of S-1 and S-2 level staff: There appear to be no rules...

The Respondent was required to act in the best interests of the Organization, when reassigning the Applicant, and it was principally for the Respondent as the Chief Administrative Officer of the Organization, pursuant to art. 97 of the United Nations Charter, to define what those interests were in the context of the administration of the Organization Outcome: For respondent (merits).

.Outcome: The Respondent is to pay to the Applicant USD10,000 in compensation for emotional harm.

Calculation of compensation. The Tribunal will determine the amount of income the Applicant is likely to have earned but for the impugned decision (pecuniary damages) and the extent of the non-pecuniary harm caused to by the decision to terminate her. Pecuniary damages. It is necessary to consider her fitness to return to work; the likely duration of the contract she could reasonably have expected to have been given; and the amount of work she would likely have been able to perform in view of her disability during the hypothetical contract period. Duration of a hypothetical contract period. It...