The Tribunal cannot consider a hypothetical scenario concerning which there is no instant case or controversy before the Tribunal. The Tribunal rejected the request for interpretation noting that the decision was clear and unambiguous and considered the Applicant’s request to, in essence, be requesting the Tribunal to address a hypothetical future scenario.
The irregularities in the investigative process were egregious and warranted compensation. In addition, during the three years the investigation was delayed, the subject was no longer with the Organization, making it not possible to convene a new investigation.Relief: The Tribunal found the Applicant suffered emotional harm in having to prosecute his complaint for three years, harm to his reputation, and that such harm was demonstrated by the Applicant at trial and observed by the Judge as trier of fact. The UNDT found the decision of the responsible official to close the case was improper as...
The Tribunal granted the application is part and awarded the Applicant USD4,000 in compensation for procedural violations.
The Tribunal found that UNMISS was incorrect when it restricted applicants to the TJO to staff already employed by UNMISS since the Applicant was an internal candidate. The Tribunal concluded that the decision to consider the Applicant ineligible for the TJO was unlawful and breached the Applicant’s right to be fully and fairly considered for the post. The Tribunal found the application receivable and that the contested decision not to find the Applicant eligible for the TJO and the related decision to continue the selection process were unlawful and breached the Applicant’s right to a full...
The UNDT found that the Administration’s failure to timey conclude its investigation was an act of omission and an implied administrative decision receivable by the UNDT. The personal crisis of one investigator did not account for the entire three years nor justify the Administration’s failure to take corrective measures to control the delay. The excessive delay breached fairness and the Applicant’s due process rights. Further, the Administrations’ failure to respond to the Applicant’s multiple reasonable follow up queries spanning three years constituted a breach of duty owed the Applicant...
The Tribunal found the application receivable since the contested decision was a new and separate aministrative decision distinct from any decisions issued by the UNJSPF Board in relation to their pensions. The Secretary-General decided not to grant the relief requested by the Applicant in the contested decision and thus this is a separate administrative decision.; There was no mention in the Applicants’ acceptance of their appointments confirming that they were also provided with a copy of the UNJSPF Regulations, being therefore aware of their content and accepting their contracts to be...
The failure to re-interview the subject of an investigation to confront him/her with additional gathered evidence constitutes a breach of his/her due process rights: the contested disciplinary decision is unlawful since it was taken based on the evidence and recommendations of the SIU/UNAMID investigation reports issued in January 2013 and December 2013, even though the SIU/UNAMID continued the investigation and gathered additional evidence from two witnesses in January 2015 and April 2015. The new evidence was never brought to the attention of the Applicant or of the decision-maker before...
Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...
Receivability: The part of the application regarding the decision identified under “g) the possibility of providing a negative reference about [the Applicant] to OLA where [she has] been interviewed and considered for a shortterm position of six months” is to be rejected as not receivable since a request for management evaluation was not filed timely. Merits: The contested decision: The Applicant’s fixed-term contract was terminated following the abolishment of her post due to a lack of funds and therefore subject to availability of suitable posts, the Applicant had the right (“shall”) to be...
The Dispute Tribunal found that the Applicant did not manage to lift her burden of proving that the non-renewal of her contract was not due to poor performance and found instead that the decision was lawful.
