51ÁÔÆæ

The legal issue for determination in the present case is whether UNOPS was under an obligation to extend a fixed-term appointment for the sole purpose of allowing a staff member to utilize his or her sick leave entitlement. The answer is negative, as the Tribunal found that there was no evidence in the case file to conclude that the legal framework of UNOPS included such obligation. Neither Staff rule 6.2(a) nor UNOPS Operational Directive OD.PCG.2017.01 on Human Resources, Ethics and Culture (in effect as of 15 August 2017) contain any obligation for the Administration to extend a staff...

The Applicant¡¯s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client¡¯s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...

The Tribunal found that the Administration had imposed a harsher sanction on the Applicant than was necessary. The sanction was found to be disproportionate and manifestly abusive in relation to the circumstances faced by the Applicant. Consequently, the Tribunal ordered the Respondent to replace the original disciplinary sanction for another one with less gravity, namely-separation from service with compensation in lieu of notice and without termination indemnity.

These positions to which the Applicant applied required specialized work experience which the Applicant did not have. The Administration reasonably concluded that the Applicant did not meet the minimum work experience required for these respective positions. Potential vacant posts likely to be created by an upcoming restructuring plan are not considered available posts. The Administration lawfully did not consider the Applicant for any potential vacant post. The Administration reviewed the Applicant¡¯s candidacy for the positions he applied for and lawfully determined that he did not meet the...

The application in respect of the alleged non-compliance with the second agreement is premature, and as such not receivable, because the Applicant has not followed the mandatory dispute resolution process contained in said settlement agreement concluded in July 2017. The Applicant¡¯s multiples and generic complaints that the Organization has failed to follow its own rules and procedures, and her assertions regarding the conduct of her current and former reporting officers at UNGSC do not constitute administrative decisions under Article 2(1)(a) of the Tribunal¡¯s Statute. The Tribunal DECIDES to...

The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.

The Tribunal noted that in accordance with ST/AI/2018/1, eligibility of international staff members for education grant in respect of their children is to be determined by inter alia the conditions that: a) the child is in full-time attendance at an educational institution at the primary level or above, and b) the child is five years of age or older at the beginning of the academic year, or the child reaches the age of five within three months of the beginning of the school year. The Tribunal found that UNICEF correctly considered that at both periods for which the Applicant applied for...

Receivability: The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3)The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits: The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3)The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4)The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability: The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

There was a final decision because the performance rating of ¡°partially satisfactory¡± became binding on the Applicant once the Rebuttal Panel issued its recommendation of 25 May 2018. The application, however, was not receivable because the Applicant failed to prove that there were direct legal consequences stemming from the Rebuttal Panel¡¯s decision.

The Applicant¡¯s appointment was not renewed due to her own requests to leave prior to the end of her four-year rotation in that position. The record shows that the Applicant was well aware of the reasons for the non-renewal of her position and would have understood the contents of the notification letter related directly to her requests to Director and Deputy Director to leave her position. The record clearly demonstrates that the Applicant¡¯s post was advertised due to her request to leave UNDP Guyana prior to the end of her four-year rotation. The Applicant cites no impropriety in the...

The Tribunal found the Respondent¡¯s explanation for extending the Applicant¡¯s FTA for one month plausible. It thus held that the impugned decision was not unlawful.

The challenged decision was not the termination but a mere notice that the Applicant¡¯s permanent appointment may be terminated if he failed to secure a new position and rejected the agreed separation proposed. Accordingly, the contested administrative decision did not constitute a reviewable administrative decision in the sense of art. 2.1(a) of the Tribunal¡¯s Statute.

The Tribunal found that the Respondent had shown and the Applicant had not disputed through clear and convincing evidence that all relevant regulations, rules, administrative issuances and policies were complied with in considering the Applicant¡¯s medical entitlements. There was no administrative decision carrying direct legal consequences on the Applicant¡¯s terms of appointment or contract of appointment to adjudicate on, since subsequent to filing the application on 24 September 2018, the Applicant¡¯s claim were fully satisfied in November 2019. The Respondent having rescinded its decision...

The Tribunal found that because separation was not the sanction imposed on the Applicant, the applicable standard of proof was one on a preponderance of evidence. This standard was lower than clear and convincing evidence which the Respondent had to prove to show that the Applicant committed misconduct as alleged. It was evident from the facts that the Applicant and at least one other person led a group to the Complainant¡¯s house. The Applicant played an active role in the alleged harassment. This fact was proved to the requisite standard. The Tribunal found that a group of at least five local...

The Applicant had a contractual right to be recruited as the Respondent provided no reason whatsoever for not doing so after having issued an offer of appointment.

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...