51ÁÔÆæ

Not only did Counsel for the Respondent initially refuse to take part in the proceedings because submissions were being filed and submitted through the eFiling portal, she further failed 51ÁÔÆæ the Tribunal¡¯s Order granting her an extension of 30 days. This failure, in the circumstances is an abuse of the process of the Tribunal. The Tribunal is entitled to enter, on its own Motion, a default judgment in this case. This means that in the present case, the Tribunal shall rely on the facts as presented by the Applicant and apply the relevant law to these facts. Upon his separation from...

Terms of settlement have been agreed between the parties. They have confirmed that the said terms have been fully executed and that there are no outstanding claims arising from the present case.

A review of other similar cases revealed that only one other staff member was separated for illegal possession/use of drugs, and that was a far more serious case. The sanction in the present case was disproportionate in the light of the comparators. UNDT endorsed Sow. Equality of treatment in the workplace is a core principle which must be applied by the Secretary-General when imposing disciplinary sanctions.

The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn UNDT/2011/032 which stated that ¡°even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the...

Receivability/administrative decision: It would be inconsistent with its standard of review to allow the Tribunal to interfere with the review of a performance appraisal before the rebuttal process has been finalised.

The Tribunal rejects the Applicant¡¯s request for a joinder of both cases and it dismisses this case as moot.

Administrative review/management evaluation: Requests for management evaluation are mandatory first steps in the appeal process. Requirement to request for management evaluation for former staff members: Irrespective of whether an applicant is a current or a former staff member of the United Nations, he or she must request a management evaluation, where required, prior to filing his or her application with the Dispute Tribunal. Legal hierarchy and request for management evaluation: Even assuming that staff rule 11.2(a), insofar as it is silent on whether a former staff member must also request...

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

Suspension of selection process: In view of the broad discretionary authority of the Secretary- General in the organization of services, he may at any time before a candidate has been notified of his/her selection, suspend a selection process. However, he must have a legitimate ground to do so.30-day and 60-day candidates: Pursuant to ST/AI/2006/3, 30-day candidates must be considered before 60-day candidates.Cancellation of a vacancy announcement: The Administration has the obligation to put an end to a selection process vitiated by irregularities. However, it commits a fault for which it...

Language of examination: Pursuant to section 5.6 of ST/AI/2010/7, candidates may choose to take the oral examination in either English or French.Alternative compensation: Given that the placement of the Applicant on the roster of successful candidates does not guarantee that she will be selected for a position, and thus does not carry appointment or promotion, the Tribunal is not required to set an amount of compensation that the Respondent may elect to pay as an alternative to the specific performance ordered.Compensation and evidence of injury: While the Applicant seeks compensation for the...

The terms of settlement have been agreed between the parties, and the Applicant has confirmed that the said terms have been fully implemented and that there are no outstanding claims arising from the employment with the Respondent. In the circumstances, it is the judgment of the Tribunal that the case be closed.

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...

Jurisdiction: The Tribunal is not competent to examine the lawfulness of a decision made by ECOWAS.

Outcome: For Applicant (relief to follow).

Fixed-term appointments of short and long duration: The distinction made by UNHCR between fixed-term appointments of long duration¡ªi.e., fixed-term appointments of one year or more granted further to a competitive selection process, based on the advice of an Appointments, Postings and Promotions body¡ªand fixed-term appointments of short duration¡ªi.e., fixed-term appointments of less than a year granted without a competitive selection process and not endorsed by an Appointments, Postings and Promotions body¡ªhas its legal foundation in staff regulation 4.3 and staff rule 4.15 (and former staff...

The UNDT found that the Applicant had previously resigned from a temporary appointment and was reemployed on the understanding given to her by MINUSTAH that the period of 364 days, following which she may have to take a break in service, would start running on the date of her new temporary appointment. The UNDT found that the conditions for a suspension of action were met and ordered suspension, during the pendency of the management evaluation, of the implementation of the decision. Outcome: The UNDT ordered suspension of action on the contested decision pending management evaluation.

The main legal issues in this case are whether the Applicant and the Organization had entered into a contract and whether the Applicant is entitled to access to the system of justice of the United Nations. The Tribunal found that no binding contract of employment was concluded by the Applicant and the Organization. The Applicant was not a staff member at the time the decision was made not to select her for the vacancy and the Tribunal does not have jurisdiction over this case. Outcome: The application was rejected.

Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration¡¯s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Definition of harassment: Disagreements on work performance and other work-related issues are per se not excluded from the definition of harassment, and thus from the scope of ST/SGB/2008/5. Requirements to initiate an investigation and standard in appraising them: Section 5.14 of ST/SGB/2008/5 provides for two general criteria for the purpose of launching a fact-finding investigation: (1) that the formal...

The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.

The investigation against the Applicant lacked integrity and credibility. The investigator was incompetent, exhibited bias and lacked objectivity and fairness. The Investigator¡¯s note-taker was not only allowed to conduct part of the investigation by solely administering questions to two witnesses, she was also allowed the liberty of expressing her views on how some evidence she had elicited from a witness should not change impressions earlier formed. The investigation report was biased, unreliable and unfair. The characterisation of certain facts was done in a manner intended to draw only...