51ÁÔÆæ

The Tribunal was satisfied that the Applicant did in fact contest the administrative decision to transfer him to Brindisi based on him having been declared PNG by the Syrian authorities and, thus, finds that the application is receivable ratione materiae. The Tribunal had no reason to question the testimony from the CMSS and found that the reason provided by the Administration to remove the Applicant from UNDOF¡ª namely that he had been declared PNG¡ªwas supported by the evidence. The Tribunal found that in a situation where the Organization is bound to take prompt action to reassign a staff...

The Applicant, as an ad litem judge of the ICTY, is considered to be a ¡°non-Secretariat United Nations official¡±. It follows that the Applicant cannot be considered as a former United Nations staff member within the meaning of art. 3.1 of the Dispute Tribunal¡¯s Statute. Whilst being fully cognizant of the Applicant¡¯s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal¡¯s Statute...

Receivability While staff rule 11.2(c) does not explicitly require written notification, sec. 10.1 of ST/AI/2010/3 does so in cases of non-selection for candidates that had been convoked for assessment. Since the Applicant was convoked for assessment¡ª i.e. she was invited to take the written test¡ªand she was not successful, she had to be notified in writing. Therefore, and although the Applicant became fully aware of her non-selection on 26 May 2016, the Tribunal found that the statutory time limit for the request for management evaluation did not start to run on that day and the application...

Receivability The Respondent challenged the receivability ratione materiae of the application, arguing that the final administrative decision was notified to the Applicant on 24 November 2016. The Tribunal found that no final decision had been taken on 24 November 2016, and that the matter was being further reviewed, on the basis of new elements and discussions, inter alia, with the President of ICTY. Therefore, by filing her request for management evaluation on 21 January 2017, against the communication of 29 November 2016 denying her release, the Applicant respected the statutory deadline of...

The contested decision was imposed on the Applicant after finding that there was clear and convincing evidence that the Applicant threatened to kill other staff members in the Afghanistan Country Office. The crux of the Applicant¡¯s case was that the facts were not established through clear and convincing evidence as the witnesses present during the alleged threats provided inconsistent testimonies, and the evidence was not properly collected and, consequently, was unreliable. Whether the investigation was vitiated by procedural flaws Having reviewed the whole investigation file, which was not...

The Tribunal noted that the Applicant, an individual contractor, did not fall under any of the categories of potential applicants under art. 3.1 of its Statute. Noting that individual contractors are not staff members, the Tribunal found that the Applicant had no legal standing and, consequently, that the application was not receivable ratione personae.

The Tribunal had to determine whether a valid contract existed between the Applicant and UNISFA, and, in the affirmative, whether the decision not to proceed with his on-boarding was illegal. The Tribunal considered that for the conditions of Gabaldon to apply, it is necessary that the offer of employment extended to a candidate be based on a selection decision made by the person disposing of the relevant delegated authority. Legal framework for delegation of authority to make the selection decision The Tribunal was of the view that at the time of the contested decision in accordance with the...

To determine the legality of the contested decision, the Tribunal examined: Whether the first PIP complied with the applicable rules The Tribunal found that the duty to inform the Applicant of his shortcomings and to assist him in improving his performance was fulfilled by his supervisors, particularly the FRO. The documentary evidence and the testimonies during the hearing showed that the Applicant was made aware early on and on different occasions of his performance shortcomings and confronted with them. Efforts were also made to clarify the goals to achieve and to provide support to the...

The Tribunal noted that the Applicant filed her application on the merits on 26 March 2018, namely on the same day on which she filed her two requests for management evaluation. The Tribunal recalled that according to art.8.1(d)(i)(b) of its Statute, the Tribunal is competent to hear an application that is filed within 90 calendar days of the expiry of the relevant response period for management evaluation, which in the case at hand was 45 days. Having filed the application on the same day as the two requests for management evaluation, the Tribunal found that it was not competent to hear it...

Receivability The Tribunal noted that the time UNMIK¡¯s Administration took to provide the Applicant with a copy of the outcome of his rebuttal, and to transmit the rebuttal panel¡¯s report to OHRM in New York in order for it to be placed in the Applicant¡¯s OSF, are both administrative inactions susceptible to affect the Applicant¡¯s rights stemming from ST/AI/2010/5 (Performance Management and Development System). Almost twenty months elapsed between the completion of the Applicant¡¯s rebuttal and UNMIK¡¯s transmission of the rebuttal panel¡¯s report to OHRM. During that period, the Applicant¡¯s...

Receivability; The Tribunal was satisfied that the object of the application was sufficiently clear and determined that it was two-folded finding that: a)On the one hand, the Applicant challenged the deduction of 25% of his salary implementing the alimony order of a Kazakh court; and; b)On the other hand, the Applicant contested the Administration¡¯s refusal to recognize his concerned daughter (El.) as his dependent for the purpose of the United Nations¡¯ child dependency benefits.; With respect to the refusal to recognize child El. as the Applicant¡¯s dependent for the purpose of the United...

Considering that in the circumstances of the case it is in the interest of all parties that the present matter be disposed of as soon as possible, the Tribunal deemed appropriate to rule on the application for revision by summary judgment, in accordance with art. 9 of its Rules of Procedure, without waiting for the Applicant¡¯s reply.; An application for revision is not possible when the judgment in question is subject to appeal; the appropriate avenue for a party to adduce new facts during this period is through appellate proceedings.; Since the judgment was not executable, the UNDT found not...

Following Order No. 250 (GVA/2017), the decision to place the Applicant on SLWOP was rescinded and the Tribunal agreed with the Respondent that this matter was moot.; The Tribunal found that since it cannot review the assessment and finding made by the UNICEF Ethics Office with respect to the Applicant¡¯s request for protection from retaliation, it cannot, either, examine the delays, if any, that occurred in the framework of that assessment. For that reason alone, the application insofar as it was addressed against the delay, if any, by the Ethics Office to review the Applicant¡¯s request for...

The Applicant was invited to and successfully passed the assessment process, during which the assessment panel evaluated his technical skills and competencies through a written test and a competency-based interview, pursuant to sec. 7.5 of ST/AI/2010/3/Amend. 1. As a consequence, the Applicant was placed on the list of recommended candidates by the hiring manager for review by the CRC, pursuant to secs. 7.6 and 7.7 of ST/AI/2010/3/Amend. 1. Both parties agree that this evaluation process was conducted in accordance with the applicable procedures.; In reviewing the selection process, the CRC...

The Tribunal finds it noteworthy that in relation to functional delegation of authority, the person in whom authority is vested by virtue of his/her position/function has the power to delegate that authority. However, such delegation does not equate to the delegator definitively ridding himself/herself of the powers and authority that he or she delegates. Legally, a delegator continues to maintain the powers and authority that he or she has delegated, and such delegation is thus revocable at any time. Therefore, both parties¡¯ arguments that the USG/OIOS could or should have ¡°surrendered¡± her...

With respect to the content of judgment Lloret Alca?iz et al., the applicants raised the following question to the Tribunal: Is it the intention of the Tribunal in this Judgment for the Applicants to continue to receive a ¡°dependency rate of salary¡± after their first dependent child ceases to be dependent and up until their youngest dependent child is no longer recognized as a dependent?; The Tribunal found that the Applicants asked it to go beyond the conclusions of its Judgment in raising ex post facto a question about the interpretation of the former regime, which was not raised nor...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised ¡°with greater urgency ¡­ the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection¡±. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...