51ÁÔÆæ

UNAT held that the Appellant had accepted the conditions of the RLA, which stated that ¡°the loaned employee shall return to the releasing agency upon completion or termination of his assignment with UNAMID and that no offer of continuing employment shall be made to him by UNAMID without consulting the releasing agency¡±. UNAT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. UNAT noted that the Appellant did not formally initiate the transfer procedure and/or termination. UNAT held that UNDT had...

UNAT considered the Secretary-General¡¯s appeal. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

UNAT held that the Appellant had not shown that the Secretary-General of IMO was required, under the IMO staff regulations and the staff rules, to make available to a federation of international staff associations from different organisations an IMO staff member, who was elected to a high office, for all or part of the term. UNAT held that the reference in the appeal to Staff Rule 108. 1, concerning election, composition, and competencies of the staff committee, did not apply in the case. As to the question of inter-agency cost-sharing, UNAT held that it could only establish that this had to...

UNAT noted that there was no dispute that the Appellant was designated by the Director of OCHA Geneva as Officer-in-Charge (OiC) of the Financial and Administrative Unit, following the reassignment of the holder of the post (a P-5 post) to other functions. UNAT held that UNDT had properly determined that the transfer of the P-5 holder ¡°with his post¡¯¡¯ had the effect that there remained no ¡°vacant¡¯¡¯ or ¡°temporarily vacant¡¯¡¯ post against which the Appellant, albeit performing the functions of the post holder, could point to for the purposes of making the case for payment of a SPA. UNAT held that...

UNAT held that UNDT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC¡¯s power. UNAT held that UNDT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant¡¯s terms of employment ¡°specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM¡±. UNAT held that UNDT had properly observed that an ¡°incomplete application may therefore be one which is missing...

UNAT held that UNDT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at UNODC. UNAT agreed with UNDT that, as a result of the Secretary-General¡¯s broad discretion in relation to decisions on internal management, the issuance of the policy by a ¡°Message of the Day¡± was subject to limited review by the Tribunal. UNAT affirmed UNDT¡¯s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

To the extent that the UNDT¡¯s Order acknowledged that the Appellant withdrew his application and granted the request for withdrawal, UNAT upheld the Order. In every other regard, UNAT upheld the arguments made by the Appellant as to the manner in which UNDT granted the withdrawal request. UNAT held that UNDT erred in law and went beyond its jurisdiction in effectively embarking on a consideration of the merits of the case and in speculating about the Appellant¡¯s motivation in bringing his application. UNAT ordered that the recital of ¡°Facts¡± in paragraphs 4 to 7 and ¡°Considerations¡± in...

UNAT rejected Mr Gehr¡¯s contention that the restructuring, although a legitimate exercise of managerial discretion, had been carried out arbitrarily to marginalize him. In accordance with paragraph 2. 4 of ST/AI/2006/3, the Joint Inspection Unit (JIU), in its report, advised the Executive Director to conduct a functional review of all UNODC divisions, sections and units, and align them to the reconfirmed prioritized framework for action of the Office, including by reorienting human and financial resources if necessary. The JIU further recommended that the Executive Director take measures to...

UNAT held that the complaints against the Appellant were very serious and intolerable for any employer. UNAT held that UNDT had correctly concluded that the case against the Appellant stood substantiated and corroborated and the evidence sufficiently supported the charge of improperly soliciting and receiving money from local people in exchange for their recruitment and service as UN staff. UNAT held that during the teleconference the Appellant had produced two impostors as witnesses, who testified that they had lied to the investigators and made false allegations against the Appellant. UNAT...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Johnson. UNAT agreed with UNDT¡¯s analysis and held that the decision to deny the staff member a refund of the US income tax on her salary and emoluments was unlawful. UNAT recalled that the US grants foreign tax credits in respect of income tax paid by one of its nationals or permanent residents to another State to relieve the effects of double taxation. UNAT held that the exclusion of such credits as payment would not only contravene the principle of equality of treatment among staff members if staff members from the...