51ÁÔÆæ

The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1 (a) of the Statute of the United Nations Dispute Tribunal. The Tribunal cannot compel the Organization to investigate the Applicant¡¯s complaints against ECA¡¯s Senior Management as pleaded by the Applicant. An investigation is part of a disciplinary procedure as described at paragraph 2 of ST/AI/371 ¨C Revised Disciplinary Measures and Procedures. The Applicant has recourse under the Staff Regulations and Rules to pursue his grievances in relation to his allegations of abuse of authority by ECA Management.

Outcome: The application was held to be out of time. The Tribunal did not find this case to be exceptional. The application was dismissed.

Outcome: The respondent is to pay interest from the date the payment of the relocation grant became due, namely 4 May 2008, and until payment at the rate of 8 per cent per annum.

The applicant submits that the decision not to promote her is contrary to the Charter of the United Nations and the provisions of the Staff Rules stipulating that the main factors to be considered with regard to promotions are efficiency, competence and integrity. However, the applicant does not specify in what respects the contested decision violates the said provisions and thus does not enable the judge to rule on these assertions. The principal reason for the refusal to recommend promotion was that the applicant had not been recommended in 2007. While the applicant is contesting that...

Paragraph 19 of the APPC Procedural Regulations of June 2006 states that only staff members who have served for a minimum of one year in their post are eligible to apply for vacancies.The Applicant claims that the contested decision dated 29 February 2008 to appoint 12 staff members to vacant posts affects his rights since these vacant posts were not advertised. However, in accordance with the above-mentioned provision, at the time the 12 staff members were appointed, the Applicant was not eligible to any of these posts as he had been appointed only in September 2007. Therefore, without it...

Paragraph 19 of the APPC Procedural Regulations of June 2006 states that only staff members who have served for a minimum of one year in their post are eligible to apply for vacancies. The Applicant claims that the contested decision dated 29 February 2008 to appoint 12 staff members to vacant posts affects her rights since these vacant posts were not advertised. However, in accordance with the above-mentioned provision, at the time the 12 staff members were appointed, the Applicant was not eligible to any of these posts as she had been appointed only in September 2007. Therefore, without it...

Citing the Teferra judgment, the Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2 of the UNDT Statute and Staff Rule 11.4 (a). The Tribunal found that there was nothing on the record to show that the administration gave specific instructions to the hospitals in Kenya not to provide medical services to the Applicant. The Tribunal found that the Applicant was not able to receive medical services on an occasion due to his lack of diligence in obtaining a MIP card for himself and his family members, despite the numerous attempts...

Even though the contested decision resulted in a reduction of the Applicant¡¯s responsibilities, by removing from her all authority over this section which she previously managed, the challenged decision is in itself a simple decision of organization of a service, which is not open to appeal before the Tribunal. Indeed, it results from the Staff Rules and from the Tribunal¡¯s Statute that a staff member may only contest before the Tribunal an administrative decision which affects his or her rights as provided for in his or her letter of appointment and administrative issuances applicable to...

Chapter 6.3.1 of the UNHCR Staff Administraion and Management Manual (SAMM) provides that ¡°staff members on active duty who hold an indefinite or a fixed-term appointment will be entitled to maternity leave with full pay for a total period of 16 weeks comprising a pre-natal and a post-natal period. When the expiry date of a staff member¡¯s fixed-term appointment, which is not considered for renewal, falls before the beginning of the six-week period prior to the delivery date, there will be no entitlement to maternity leave¡±.The Applicant¡¯s contract expired on 31 December 2006. At that time, she...

Outcome: The application was dismissed in its entirety.

A single testimony reporting discriminatory statements made by an individual is insufficient to establish whether such statements were made if the accused individual denies having made such statements. From the moment that a confrontational relationship exists between a senior staff member and his/her supervisor, the Judge, without its being necessary to determine who bears a responsibility of the conflict, considers that the interest of the service requires addressing without delay the conflict and justifies the non-renewal of the staff member¡¯s contract, unless, in the instant case, the...

Outcome: Held that a preponderance of evidence supports that the impugned changes were motivated by genuine organizational readjustments and were not influenced by any improper considerations. Held the preponderance of evidence established that the Organization had acted appropriately. Application dismissed.

The Tribunal finds that the Applicant has been consistently dilatory in the pursuit of this claim. Leaving the matter open on the court¡¯s docket would be inappropriate in view of the Applicant¡¯s clear lack of interest in pursuing this claim.

A re-trial would be unduly wasteful of time and resources. The Respondent was adequately represented especially as no oral evidence was tendered by the Applicant and the issue of cross- examining a witness did not arise. Full equality was accorded the parties in the circumstances. The onus lies on the Respondent to show that the provisions of ST/AI/2006/3 had been complied with in this case in order to prove that the Applicant was fully, fairly and properly considered. This onus has not been discharged.The Applicant¡¯s candidature was not considered at the 15-day mark as required by the...

In this case the initial inquiry was inadequate and affected by bias. Outcome: Applicant awarded USD20,000 for breach of contractual right. Parties directed to make submissions as to whether ST/AI/371 is still operative or has been implicitly appealed by ST/SGB/2009/7. Further hearing to decide as to whether USG¡¯s conduct should be referred to the SG for possible action to enforce accountability pursuant to art 10.8 of the UNDT Statute.

The Board of Examiners decided that the applicant did not satisfy the educational requirement. The applicant believed that she was qualified because she had obtained a vocational training from the Centre d¡¯Ecriture et de Communication (¡°the Centre¡±), and that supportive remarks made about this by her supervisor and work colleagues confirmed her belief. The Centre was not a university or equivalent institution in the French educational system, and the applicant had not ¡°five years of continuous service with the United Nations Secretariat by 31 December 1989¡±. These prerequisites did not...

Receivability of the decision not to renew the appointment: In this case, the triggering point should have been the moment when the staff member was made aware by the Administration that there was no reasonable chance or possibility of renewal. Thus, it is the date when the applicant was notified of the termination of her contract; therefore, the application is receivable. Articles 13 and 14 of the Rules of Procedure: Since there is an ongoing management evaluation of the decision not to renew the applicant¡¯s appointment, the applicable interim measure to be ordered would be that under article...

Prima facie unlawfulness: There is positive evidence from the applicant as to what her supervisor stated and some evidence suggesting ill will on the part of her supervisor. The low test of reasonable arguability is satisfied and accordingly, the prerequisite of prima facie unlawfulness is present. Urgency: The applicant provided reasonable explanations for the delay in contesting the decision and the contract was to expire the day of the hearing; therefore, the urgency requirement is satisfied. Irreparable damage: Mere economic loss can never be irreparable since, if the applicant succeeds in...

Outcome: Application dismissed as the preponderance of evidence demonstrated that the applicant¡¯s candidature had been given full and fair consideration.

In accordance with former staff rule 104.12(b)(i) and provisional staff rule 4.13(c), the Applicant cannot claim a right to the renewal of her fixed-term appointment. The Applicant claims that the difficult working relationship she had with her supervisor led the latter, with the objective of getting rid of the former, to seek the reclassification of her post at a higher level. However, the Applicant does not prove that the non-extension of her appointment results solely from the desire of her supervisor to remove her from the service, nor that, consequently, the contested decision appears...