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In the present judgment, Ä¢¹½ÊÓƵDT found that, in light of the circumstances of this case, the three months¡¯ net base salary paid to the Applicant for the lack of due process on the recommendation of the JAB report was insufficient. Ä¢¹½ÊÓƵDT found the procedural unfairness to be so grave that it warranted additional compensation in the amount of USD15,000 for the breach of the Applicant¡¯s procedural rights. With respect to compensation for actual economic loss, Ä¢¹½ÊÓƵDT held that the Respondent shall compensate the Applicant for the actual economic loss incurred by her and that the actual economic loss...

The applicant did not have a legitimate expectancy of renewal. No express promise by the Administration could be found. Had there been one, the letters of appointment signed by the applicant explicitly state that fixed-term appointments do not carry any expectancy of renewal. No promise could override the clear words of the letters of appointment signed subsequently. It cannot be stated that the non-renewal decision was based on improper motives or otherwise constituted an abuse of discretion. The Organization was not bound to give any justification for not extending the applicant¡¯s fixed-term...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances.As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that...

The respondent had sufficient grounds to believe that the applicant had, by altering the form, breached a fundamental requirement safeguarding the integrity of the refugee resettlement programme of Ä¢¹½ÊÓƵHCR. This amounted to serious misconduct and was in breach of staff regulation 1.2. However, the failure to have due regard to independent evidence of an oppressive work environment and by not carrying out a proper investigation, as unanimously recommended in the JDC report, the Secretary-General effectively deprived himself of material which would have placed the misconduct in its proper...

It was not disputed that the Applicant borrowed money from a Sales Manager working in a company doing business with MONUC. In the light of the applicable law and in particular the financial and procurement rules, the Tribunal found that misconduct had been properly established. Nonetheless, the Tribunal found a certain number of mitigating factors such as the fact that he repaid the loan in full and that it was a ¡°one-off decision¡±. Therefore, the Tribunal took the view that the sanction was not proportionate.

The Ä¢¹½ÊÓƵECA Administration did not comply with the procedures which prescribe how to handle issues related to the arrest and detention of staff members. The Ä¢¹½ÊÓƵECA Administration did not act to protect the applicant in a manner consistent with Ä¢¹½ÊÓƵ international legal instruments on human rights. The Ä¢¹½ÊÓƵECA Administration failed to safeguard the applicant¡¯s privileges and immunities as a staff member of the United Nations and to protect the interests, standards and values of the Organization.The OIC of the Ä¢¹½ÊÓƵECA SSS at the time, in his actions and inactions, fell far short of many of the core values...

The judge must raise on his/her own motion the issue of receivability of an application and in particular verify whether the requirements of former staff rule 111.2 (a) have been complied with since the request for review of an administrative decision is a mandatory prerequisite for filing an appeal before the Ä¢¹½ÊÓƵ Dispute Tribunal. The absence of the request for review leads to the irreceivability of the application (see judgments Ä¢¹½ÊÓƵDT/2010/158, Osman; Ä¢¹½ÊÓƵDT/2009/070, Planas; Ä¢¹½ÊÓƵDT/2009/054, Nwuke; Ä¢¹½ÊÓƵDT/2009/035, Caldarone). The Tribunal¡¯s competence is limited, pursuant to art. 2.1 (a) of the...

Ä¢¹½ÊÓƵDT found the application receivable and determined that the post number provided by the ICSC for reclassification purposes was that of a Compensation Officer with functions distinct from those performed by the applicant. Therefore, in the absence of a properly budgeted post, the request of the ICSC was a request for classification advice prior to a budgetary submission, which required General-Assembly approval. The reclassification proposal was not included in the budgetary submission to the General Assembly, and, accordingly, the General Assembly did not approve the proposed...

The applicant was not separated because of the expiry of his fixed term contract, but because of the applicant¡¯s shortcomings and of the fact that his performances did not meet expectations; the applicant was rated for two consecutive years ¡°partially meets expectations¡±. The Tribunal finds that the applicant has been afforded his due process rights and that his rights were not violated. In the present case, the decision not to renew the applicant¡¯s fixed-term appointment is not unlawful.

1998 reclassification: The issue of the 1998 reclassification exercise is long out of time and no circumstances justify the review of it now. 2005 reclassification: Examining the 2005 reclassification exercise is moot as the post was abolished and the applicant did not challenge the abolition. Withdrawal of SPA: In relation to the period for which the applicant¡¯s SPA was withdrawn, it would be reasonable to expect a notation of a change in functions in the e-PAS records as there was a crossover between two cycles. However, there was none and the SPA should thus be retroactively paid...