51ÁÔÆæ

The Respondent contended that the allegations of sexual harassment had been established after a proper investigation, that the disciplinary measures were appropriate and proportionate and that the Applicant had agreed to the imposition of these disciplinary measures. The Tribunal found that: (1) The OHRM had mischaracterized the Applicant¡¯s offence as ¡°sexual harassment¡± rather than ¡°harassment¡± and failed to follow its own procedures in ¡°the Guidelines on consideration for conversion to permanent appointment of staff members of the Secretariat eligible to be considered¡±; (2) There was a...

It is not disputed by either party that the Applicant was not employed by the Organization during the one week period between the curtailment, requested by himself, of his employment with UNECA and his appointment at UNHQ. Furthermore, the Applicant ¡°does not seek to challenge the 2005 decision creating the break in service, but, [in light of the Tribunal¡¯s decision in Gomez], the later decision not to consider him eligible for conversion to permanent appointment on the basis of that earlier decision¡±. The Tribunal finds that the Applicant was ineligible for consideration for conversion to...

The UNDT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The UNDT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the UNDT. The UNDT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the UNDT on account of her being a former staff...

Improper motives: The Tribunal held that the non-renewal of the Applicant¡¯s contract was motivated by improper motives in view of the fact that: (i) the Applicant¡¯s relationship with the UN Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant¡¯s deputy, who had unsuccessfully competed for the Applicant¡¯s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...

The Applicant applied for a P-3 level temporary position advertised in October 2011. As part of the selection process, he was required to sit a written test. However, the Administration refused to accept his answers to the test on the basis that they were submitted after the specified deadline, which the Applicant disputed before the UNDT. The UNDT found that the application was time-barred as the Applicant filed it more than eight months after the expiration of the applicable time limit for filing with the UNDT and that the Applicant failed to provide an adequate basis to support a finding of...

The Applicant specifically submits that the staff rules state that ¡°[c]ontinuity of service shall not be considered broken by periods of special leave¡± and the Respondent may not therefore deny his eligibility on the ground that his six months of special leave without pay resulted in him not having been employed for a continuous period of five years The UNDT rescinds the contested decision and finds that the Applicant is eligible for consideration for permanent appointment.

The Respondent submitted that the application was not receivable because, in regard to the initiation of an investigation against the Applicant, the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. Furthermore, the Applicant had been granted appropriate interim relief in relation to the alleged denial of her request to be granted an appropriate transfer or paid administrative leave. The Tribunal found that the Applicant¡¯s appeal against the decision to conduct an alleged ¡°secret and retaliatory¡± investigation was receivable, but dismissed the...

The Respondent submitted that the application was not receivable because the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. The Tribunal found that the Applicant¡¯s appeal was receivable.

Harassment: The Tribunal held that the Applicant¡¯s actions in sending caustic emails and nude photographs of Ms. M, a MONUC staff member he had dated, to other United Nations staff members at their official United Nations email addresses and to their private email addresses constituted harassment within the meaning of ST/SGB/2008/5 in that the emails sought to belittle, humiliate and embarrass Ms. M and to compromise her reputation in a professional context. Proportionality of the sancton: The Tribunal held that the sanction was proportionate due to the fact that the Applicant¡¯s conduct on...

An ¡°effective remedy¡± under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

He alleged that the non-renewal of his appointment was based on discriminatory grounds, i.e. because of his Kurdish ethnicity, and not for reasons of force majeure, namely due to the occurred earthquake, leading to the subsequent closure of the UNHCR office in Van/Turkey. The UNDT found that the decision not to renew his appointment was lawful, as the Applicant failed to adduce evidence of any breach of his rights.

For courts such as the UNDT and UNAT to be effective in the exercise of their respective jurisdictions, it is imperative that their decisions, however unpalatable they appear to a losing party, are obeyed and complied with, pending any judicial avenues for a remedy if the situation so warrants. The Tribunal holds that although the Statute is silent in as far as contempt provisions are concerned, the power to adjudicate on contempt is inherent in the jurisdiction afforded to the Tribunal by the Statute. The function of the Tribunal necessarily requires that its orders would be obeyed and not...

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant¡¯s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent¡¯s repeated renewal of the Applicant¡¯s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The post of Director of Human Rights in UNMISS was not a reclassification of the D-1 post held by the Applicant at UNMIS but a new post created to meet the need of UNMISS. It was classified as D-2 and the post held by the Applicant ceased to exist upon its abolition.; Given the importence of the Human Rights function in the new State, a D-2 post was justified. This was done in an objective manner having regard to the Secretary Council Resolution that governed the transition.; The evidence established that the consideration of the post of the Chief of Human Rights was done in conjunction with...

As the request for management evaluation was not filed within the time limit prescribed by staff rule 11.2(c), the Tribunal rejects the application as irreceivable.

The Organization¡¯s jurisdictional competence does not extend to the physical assault of a non-UN staff member by a staff member. It was within the province of the Respondent or his agents in this case to investigate the events leading up to the physical assault of Ms. Oduke. Having established that Ms. Oduke had been physically assaulted, the appropriate action for the Administration after that would have been for Ms. Oduke, as a non-staff member, to be advised or even assisted to file charges againstthe Applicant for assault in the appropriate local court. The conclusions of the local court...