51ÁÔÆæ

Recalling the above-mentioned Appeals Tribunal¡¯s ruling and the requirements set therein for the reconsideration ordered by it, the Tribunal found that the impugned decisions were unlawful on several accounts, but primarily in that (a) the Applicants were not considered individually in light of their proficiencies, qualifications, competencies, conduct and transferrable skills, and (b) the decisions were based on the limited mandate of ICTY alone, to the exclusion of all other relevant factors. Accordingly, the Tribunal rescinded the impugned decisions, ordered the matter to be remanded once...

The Judgment does not give rise to any uncertainty in terms of its execution or its binding effect under art. 32 of the Tribunal¡¯s Rules of Procedure. the meaning of Judgment No. UNDT/2015/087 leaves no reasonable doubt as to the will of the Tribunal or the arguments leading to the Tribunal¡¯s decision, and thus does not require clarification.

The UNDT found that, although the JO was canceled and re-issued, there were still outstanding relief claims for adjudication, therefore, the application was not moot. The UNDT rejected the Applicant¡¯s request for removal of the Representative of the Secretary-General (¡°RSG¡±) for the Investments of the UNJSPF from the recruitment process, finding that this request pertained to the re-issued job opening. The UNDT rejected the Applicant¡¯s request to refer the case for accountability and his claims for legal costs and moral damages. The application was dismissed.

The Tribunal concluded that the impugned decision was made following the correct procedure and was based on well-founded evidence. Accordingly, the Application was dismissed. Denial of claim based on evidentiary grounds: The Tribunal observed that in assessing the Applicant¡¯s claim for compensation, the principle issue for the ABCC was whether the injury resulted as a natural incident of performing duties on behalf of the United Nations. This was a question of fact to be established by evidence. The Tribunal held that the functions of ABCC include making recommendations on claims for...

The Tribunal was not persuaded by the Respondent¡¯s submission that because the Ethics Office is independent, its acts and/or omissions are not subject to judicial review. However, the Tribunal found that, given the current state of the jurisprudence, it had no option but to accept that, in accordance with the Appeals Tribunal judgments in Wasserstrom 2014-UNAT-457 and Nartey 2015-UNAT-544, the matters contested in the applications are not administrative decisions subject to judicial review.

The Tribunal found that the Approving Authority in this case acted contrary to UNICEF's staff selection legislation and policy. The undue influence exerted by the Approving Authority on the Selection Panel which let to a reversal of its earlier decision concerning the Applicant's suitability is evidence in the stark contrast of the Selection Panel's position when it stood its ground early in the selection process following a query by the Local Central Review Body as to why it found the Applicant suitable. The Approving Authority in this case by directly approaching the Selection Panel to...

The Tribunal held that the decisions to issue a Notice of Counsel and to require the Applicant to undergo remedial training did not affect his legal rights. The decision to place the Applicant on weapons restriction was procedurally flawed because, contrary to the Department of Safety and Security Manual of Instruction on Use of Force Equipment Including Firearms (¡°DSS Weapons MOI¡±), the Chief of the SSS did not state the expected duration of the measure. The Tribunal rescinded the decision to place the Applicant on weapons restriction without indicating the expected duration and ordered the...

SummaryThe Tribunal concluded that the selection process was procedurally flawed for the following reasons: a. the job opening did not identify the specific assessment method to be used for the evaluation of the technical skills during the selection process;b. the selection panel did not include an expert on Russian language and a non-voting member representing the Assistant Secretary-General, Office of Human Resources Management, which the Tribunal considered was necessary in accordance with ST/AI/1998/7;c. the selection panel did not assess the short-listed candidates through an assessment...

The UNDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The UNDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the UNDT Statute. The UNDT rejected the application as not receivable ratione materiae.

The Tribunal found that by filing her request for management evaluation only on 21 April 2015, the Applicant failed to respect the 60 day time limit under staff rule 11.2(c), which started to run as of 5 January 2015, the day of her signature of the letter of appointment. Subsequent responses from OHRM in response to queries from the Applicant were merely confirmative decisions of the original decision of 5 January 2015. The Tribunal found the application irreceivable, ratione materiae.

Performance Notice The Tribunal finds that this Notice was not reflected in the Applicant¡¯s ePAS and was not placed on the Applicant¡¯s Official Status File. The Tribunal concludes that the Performance Notice issued to the Applicant has not, in and of itself, affected his legal rights. Having found that his legal rights were not affected by the decision to issue the Performance Notice, it is not necessary for the Tribunal to consider the Applicant¡¯s other submissions in relation to this issue. Complaint of harassment and discrimination The Tribunal considers that, having received allegations of...

Upon review, the Tribunal concluded that the Applicant did not commit the misconduct of providing false information in his annual leave report. The Respondent correctly established the facts for the remaining charges of the misconduct. However, the Respondent did not fully take into account all the mitigating circumstances when determining the appropriate disciplinary sanction. The Tribunal found the disciplinary measure disproportionate to the misconduct and modified it. The contested decision is rescinded. The disciplinary measure of separation from service with compensation in lieu of...

Restructuring: The Tribunal concluded that the Applicant¡¯s position and core responsibilities did not change as a result of the decision to reintegrate the Unit into one. He was to continue to perform the same duties although without the additional task of acting as the supervising officer of staff in the Operations Section of the Unit. Consultation: The Tribunal concluded that since the changes made to the Applicant¡¯s functional and reporting arrangements were not significant and did not alter his substantive position, the Administration was not strictly obliged under section 5(c) of ST/SGB...

UNAT held that the decision of the UNJSPB not to submit the staff member¡¯s appeal to the Standing Committee contravened his rights under the UNJSPF Regulations by depriving him of access to the appeals process and was a serious violation of his due process rights. Noting that UNAT¡¯s jurisdiction was limited to hearing appeals of decisions of the Standing Committee and that the staff member¡¯s case had not been reviewed by the Standing Committee, UNAT held that it had no jurisdiction to hear the appeal and remanded it to the Standing Committee.

As a preliminary matter, UNAT found that there were no exceptional circumstances to warrant the granting of the Appellant¡¯s motion for leave to file a reply to the Commissioner-General¡¯s answer and denied the motion. UNAT held that the UNRWA¡¯s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that UNRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. UNAT held that UNRWA DT correctly found that the application was not receivable ratione...

UNAT had before it an appeal of judgment No. UNDT/2015/006. As a preliminary matter, UNAT considered a motion to seek to leave to postpone consideration of the Appellant¡¯s appeal due to lack of legal representation. UNAT agreed with the Secretary-General¡¯s claim that the Motion filed by the Appellant was an additional supplemental pleading addressing the merits of his claims. UNAT held that the Appellant had not shown exceptional circumstances justifying the filing of an additional pleading or good cause to postpone consideration of his appeal and his request was denied. UNAT held that UNDT...

The issue for determination by UNAT was whether the relevant date for the filing of the Secretary-General¡¯s appeal ran from the date on which the ALS received the UNDT judgment in its capacity as counsel of record for the Secretary-General before UNDT or the date on which the judgment was received by the OLA, the Secretary-General¡¯s counsel of record before UNAT. UNAT held that in the absence of any published UNDT rule or practice direction which decreed that transmission of UNDT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the...

UNAT considered an appeal by the Secretary-General. On the award of costs, UNAT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. UNAT dismissed the Secretary-General¡¯s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. UNAT found no merit in the Secretary-General¡¯s appeal against the award of compensation for loss of opportunity...

UNAT considered an appeal by the Secretary-General. UNAT accepted the Secretary-General¡¯s position that UNMIL staff members were given the opportunity to comment on the proposed restructuring from the beginning of the process, and the UNMIL National Staff Association representative participated in the discussion on the Guidelines for the comparative review process. UNAT held that it would not speculate on the chances that each of the posts might not have been abolished if there had been consultations with the National Staff Association. UNAT held that the change in the composition of the...

The Appellant did not raise any challenges as to the merits of the UNRWA DT judgment, but rather his appeal related to the procedure adopted by UNRWA DT in hearing his complaint. UNAT held that it was not persuaded that UNRWA DT erred in procedure or otherwise exceeded its jurisdiction in the exercise of its power, such as to warrant reversal of the judgment. Noting that two Orders clarified the aim of the hearing, UNAT held that there was no prejudice caused to the Appellant by the failure to provide him with a description of the relevance of the witnesses¡¯ testimony. UNAT held that UNRWA DT...