51ÁÔÆæ

Announcement of NYGSCAC composition The Tribunal notes that ST/IC/2011/17 (Membership of the New York General Service Classification Appeals Committee) was issued by the ASG/OHRM on 7 June 2011, on the same day that the NYGSCAC issued its report.The Applicants¡¯ right to be informed of the composition of the NYGSCAC in a timely manner was not respected. Moreover, the NYGSCAC, as an appellate body, must have impartial members to ensure the fairness of the review, and the appellants must have the possibility to request the replacement of any member, including the chairperson, if any of them are...

The staff selection system versus lateral moves: This Tribunal is of the view that, because secs. 2.1 to 2.3 of ST/AI/2010/3 refer to the selection system, including the roster, and sec. 2.5 refers to transfer, which is excluded from the scope of the staff selection system, in accordance with sec. 3.2(l), the hiring manager and the head of department must give priority and exercise their discretion firstly by implementing the roster system right from the beginning of it, deciding if any pre-approved candidate from the roster (who is reviewed and endorsed by a central review body and has been...

The Tribunal considered that the application was not receivable on the grounds that the Applicant failed to request management evaluation of the contested decision prior to filing his application before the Tribunal.

Was the decision based on properly promulgated legal instruments or other issuances?

The primary and binding legal instrument is ST/SGB/2009/10, to be read together with the Guidelines made thereunder. It is not for the decision-makers to operate outside the strict terms of the primary legal instrument by explicit or tacit agreement to adopt a rule of practice or procedure that is not in strict compliance with ST/SGB/2009/10 and its guidance. Above all, those making recommendations or decisions must be guided by the Organization¡¯s policies as reflected in properly promulgated administrative...

The Application was rejected on the merits.

Receivability: The Tribunal considered that the contested decision was alleged to be in non-compliance with the Applicant¡¯s terms of appointment and produced direct legal consequences adversely affecting the Applicants¡¯ rights. The Tribunal found that the application was receivable.Whether there were procedural errors which breached the Applicant¡¯s rights following the classification of the post at the G-5 level and, if there were, what consequences flowed from those procedural errors The Tribunal found that the Administration failed 51ÁÔÆæ ST/AI/1998/9 in that it did not provide a...

The Applicant, a former P-3 level staff member of MINUSTAH, sought rescission of the decision not to renew his fixed-term contract. The Respondent asserted that non-renewal was lawful since the Applicant was provisionally reassigned to MINUSTAH when MINURCAT was downsized and his provisional reassignment was contingent upon him receiving FCRB clearance. As the Applicant never received FCRB clearance, his contract was not renewed. The UNDT found that, following his initial offer, the Applicant received 12 subsequent letters of appointment which did not expressly or by reference refer to him...

The Tribunal granted the application in part as the reasons provided for the Applicant¡¯s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant¡¯s health). As relief, the Tribunal granted the Applicant¡¯s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member¡¯s and the Organization¡¯s) that would have been paid to the United...

The disciplinary sanction was based on the finding that he had made a material misrepresentation on several personal history forms when applying for jobs. The UNDT found that it has been established that on three occasions¡ªsometime in or around October 2011, on 25 March 2005 and on 21 February 2007¡ªthe Applicant¡¯s personal history forms incorrectly indicated he did not have ¡°relatives employed by a public international organization¡±, whereas his brother was in fact employed by the United Nations until 8 December 2008. The UNDT found, however, that the established facts did not amount to...

The Tribunal granted the application in part and awarded the Applicant USD18,000 in moral damages: USD3,000 for each of the six RC position for which she applied in her August and November 2013 job applications (the appeal against other non-selection decisions was not found receivable as it had been made out of time). When assessing the Applicant¡¯s relevant applications, it was unlawful for the EG to not nominate the Applicant as this decision was based on her 2012 performance appraisal report, which, at the given time, was still under rebuttal, and not on the last three performance appraisal...