51ÁÔÆæ

The Tribunal held that there are two stages in the procedure for the interpretation of a judgment. First, receivability must be determined and secondly if it is receivable whether it should be interpreted. Receivability: The Tribunal considered whether the filing of an appeal should be taken to mean that it is under consideration and therefore debar an applicant from an interpretation. The Tribunal held that the mere filing of an appeal against a judgment by one party to a case constitutes no legal impediment to the other party filing for an interpretation because the filing of an appeal is...

In the course of the selection process, the post of Chief, IS, (D-1)¡ªwhose incumbent had been acting as Hiring Manager for the contested post¡ªwas being temporarily loaned to the Department of General Assembly and Conference Management (DGACM), for a period of more than ten months. Despite this vacuum, the Administration assigned a Chief of Section (P-5) as OIC, IS, for the whole period of the loan and derived from this status the authority to act as Hiring Manager in the selection process, including the submission of the recommendation memorandum for final selection to the Director-General...

The Tribunal held that the Applicant¡¯s claim regarding separation from service was not receivable ratione materiae. With respect to his non-selection, the Tribunal held that the Applicant had satisfactorily established that there was a flaw in the recruitment process and that this flaw had breached his right to due process. He was awarded 3 months compensation. Bias: The Tribunal concluded that by not shortlisting the Applicant initially due to an uninvestigated incident from 2009 it was obvious that the decision makers had already formed an adverse view of the Applicant. Consequently, doubt...

The Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant¡¯s father had the legal status of an independent contractor for the WFP Mombasa office, the Tribunal held that the Applicant¡¯s father was not a staff member of UNDP and as such, the Applicant has no standing to come before the Tribunal.

Administrative decision: The Tribunal noted that at the time the application was filed, there was a contestable administrative decision. However, subsequent to the filing, the Respondent overturned its initial finding of ineligibility and by so doing it expunged the administrative decision upon which the application was predicated. Consequently, there was no longer a contestable administrative decision to be considered by the Tribunal.

The Tribunal observed that the Applicant was necessarily aware of the amount of repatriation grant he would be paid already at the beginning of 2011 when he received his payslip, and not in March 2013 as he claimed when he received details from the Payroll Unit regarding the calculation of the amount received. Indeed, in view of the explanations, the Applicant had received already in February 2011 from the Payroll Unit, which reminded him of the fact that his dependency status with respect to his daughter had been discontinued effective 29 August 2007, and which provided him with an excel file...

The UNDT found that OHRM¡¯s decision not to consider (endorse) her for a temporary P-3 post in DM (Umoja) and to deny her conversion from the FS-6 level to the P-3 level was valid and lawful. The decision not to consider the applicant eligible for a temporary P-3 post was correct since she only fulfilled one of the mandatory and cumulative conditions ¨C five years of professional experience ¨C in November 2011. The Organization properly determined that the Applicant could not be converted from the FS-6 level to the P-3 level because there was no contractual relationship between the Applicant and...

The Tribunal noted that the rebuttal process was still ongoing and that no administrative decision had yet been taken; it further found that the UNFPA Rebuttal Policy was a regulatory instrument which was not of individual application and did not carry direct legal consequences on the Applicant; hence, these matters of the application were found to be irreceivable. Further, with regard to the Applicant having been denied access to the UN City Building on 13 February 2014, as well as the blocking of her emails after the end of her contract, the Tribunal noted that these events referred to...

The UNDT found that the Applicant¡¯s explanations for how the missing card came to be in his possession were so far-fetched as to be unbelievable. He was shown to have had the opportunity to take illegal possession of the card and stood to make a pecuniary benefit from so taking it. There were several material inconsistencies in the Applicant¡¯s case and he was found not to be credible, contradicting himself in the course of the investigation and in his testimony before the Tribunal. The facts upon which the sanction was based were established and amounted to serious misconduct on the part of...

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant.

The decision not to renew his contract was not an administrative decision ¡°stem[ming] from [this] performance appraisal¡±. The Tribunal holds that the Applicant had no right of appeal against the 2011-2012 e-PAS. That claim is therefore not receivable. Finally, in his claim relating to this performance evaluation the Applicant also challenges the MEU decision that the issue of the Second Reporting Officer¡¯s comments in the Applicant¡¯s e-PAS was time barred. This part of his claim is not receivable as MEU decisions are not reviewable by this Tribunal.It is not within the powers of the Tribunal...

In the present case, the decisions to decline access to documentation were not substantive administrative decisions. Access to documents for the purposes of the Applicant¡¯s claim before the Tribunal is an evidentiary matter resolved by orders of the Tribunal. The decision not to include the Applicant in the professional roster following competency based interviews for the Fukuoka post was lawful as it was taken after a selection process conducted in accordance with the procedures required by ST/AI/2010/3. There is a presumption of regularity in the staff selection processes ¡°that official acts...

The UNDT found that the Applicant did not have legal standing in this case as he had not applied for the advertised job opening.

The Tribunal found that since the Applicant failed to submit a request for management evaluation at any point in time and also within the 60-day deadline under staff rule 11.2 upon the receipt of his pension entitlement letter, the application was not receivable.

The UNDT found that the Applicant filed her requested for management evaluation after the applicable deadline and that her application was therefore time-barred. The application was dismissed.

Duty to report receipt of overpayments - The Applicant failed in his duty to make the Organization aware of overpayments made to him, as provided for in section 2.4 of ST/AI/2009/1. The wordings of ST/AI/2009/1 create a duty for staff members not only to report the receipt of overpayments but also to take steps to ensure their recovery. In other words, it necessarily prohibits the unauthorised prevention of said recovery. Proportionality of disciplinary sanctions - Taking into account all the mitigating factors, the sanction of termination imposed by the Respondent was not proportionate to the...

The Tribunal decided, by way of summary judgment, that it was not competent to examine the application, since the Applicant did not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations and since the IMO is not one of the organizations or entities with which a special agreement has been concluded under the terms of art. 2.5 of the Tribunal¡¯s Statute.

The Tribunal found that the Applicant is entitled to compensation for the procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines and its rules and procedures, namely: UNON management abused its authority in refusing to release the Applicant on mission assignment to UNAMID and in denying him the grant of a lien on his post. The failure by the Ethics Office in refusing to act on the basis of the report of retaliation filed by the Applicant and its failure to take all necessary action to protect the Applicant from retaliation.

Receivability -...

The UNDT found that the implementation date of 1 December 2010 and the related cut-off date of 1 December 2009 for retroactive consideration, as stated in the Guidelines, were binding on the Administration. The UNDT found that the Applicant¡¯s situation should have been reviewed accordingly. Given the administration¡¯s failure to follow its own Guidelines, which thus renders the decision unlawful, the UNDT found it unnecessary to consider the question as to whether there has been a breach of the duty to ensure that the principle of equal pay for equal work was strictly followed. The contested...