51ÁÔÆæ

The application is moot as the underlying contested decision in this case has been reversed.

The Applicant admitted that he printed work-related emails, lost them, and failed to report the incident. He only contested the Administration¡¯s determination that the information contained in the printed emails was confidential, but the Tribunal found that in light of the nature of the contents in the emails the Administration reasonably considered them to be confidential. Considering that loss of confidential information could have serious ramifications, it was appropriate to conclude that the Applicant acted with gross negligence when he lost emails and did not report the incident. The...

The Applicant was placed on special leave with full pay and not separated at the time of the judgment. Therefore, the appeal of the termination decision has not yet produced direct legal consequences to the Applicant¡¯s terms of employment and is therefore note receivable. The Applicant did not submit the implied decision not to find him a suitable post for management evaluation, therefore this implied decision is not receivable. The Administration considered the Applicant for a post he applied for along with other candidates in violation of the obligation to consider his suitability on a...

It was reasonable for the responsible official to determine that the status and management of the UNJSPF is a legitimate subject of concern to staff at large and therefore comments made by staff representatives about the management of UNJSPF concern work-related issues. In this regard, the Tribunal notes that staff rule 8.1(f) entitles staff representative bodies to effective participation in identifying, examining and resolving issues relating to staff welfare, including conditions of work, general conditions of life and other human resources policies. It also was reasonable for the...

The Administration¡¯s decision to redeploy the Applicant to Nairobi was subject to the condition that he be medically cleared. This condition has not been met to date, and consequently, the decision has not been implemented. Therefore, none of the challenged administrative decisions have yielded any direct legal consequences in the Applicant¡¯s terms of appointment, which remain unchanged. The applications are therefore non-receivable ratione materiae. The Applicant appealed this administrative decision before the Tribunal before MEU¡¯s deadline to respond to his request for management evaluation...

Since the Applicant remains on special leave with full pay pending management evaluation at the time of the judgment, the termination decision remains suspended and has not yielded effects on the Applicant¡¯s terms of appointment. The application is therefore not receivable. The action or inaction of the Administration to find an alternative post for the Applicant after he was first placed on special leave with full pay is not receivable because the Applicant did not include this ground in his request for management evaluation.

The Applicant¡¯s benefit was properly calculated and that there are no grounds for him to claim additional benefits.

In the absence of any evidence of ongoing mediation efforts or request for suspension of deadline to file an application, the Tribunal is satisfied that the Applicant, having filed his application outside of the statutory deadline. In any event, given that the contested administrative decision was notified to the Applicant on 3 April 2019, the request for management evaluation of 8 September 2019 would have missed the 60-day deadline set in staff rule 11.2 (c) to request management evaluation. Given that settlement discussions are confidential in nature, it is the parties¡¯ responsibility to...

The email identified by the Applicant as the contested administrative decision does not constitute a fresh decision but a mere restatement of a previous email. It therefore cannot be considered to produce consequences on the legal order and is therefore not a challengeable administrative decision. The Applicant failed to contest the assignment of her current functions when notified to her. Therefore, the Applicant would be barred from contesting at this point that such assignment was in non-compliance with her contractual rights or conditions of employment.

The Tribunal finds that the Applicants were misled in that they were not clearly informed, despite their inquiry, that their non-participation in the written test would be taken into consideration in the evaluation of their candidacies. Thus, the Administration violated its duty to act transparently and in good faith with the Applicants. The Tribunal finds that the Administration cannot reasonably take into consideration the performance of a staff member in separate recruitment exercises, even less so when such exercises took place several years prior. The performance in prior selection...