Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT held that while the SAB may satisfy the requirements of a neutral first instance process, its decision is only advisory or recommendatory. Ä¢¹½ÊÓƵAT held that the facts did not disclose whether the Secretary-General of IMO had the power to amend the powers of the SAB retrospectively to permit the SAB to make a decision rather than a recommendation or, more pertinently, by subsequent fiat, to convert a recommendation of SAB into a decision. Ä¢¹½ÊÓƵAT held that the source of the Secretary-General¡¯s power to introduce interim measures was not clear and that there may be other constraints upon his...

The matter remanded to the Joint Appeals Board of ITLOS to be reconsidered and decided by a neutral first instance process

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the challenge to the decision by the Secretary-General not to waive Mr Dolgopolov¡¯s immunity was not receivable on the ground that it was an executive/political decision is incorrect. Ä¢¹½ÊÓƵAT held, however, that Ä¢¹½ÊÓƵDT was correct in finding Mr Dolgopolov¡¯s applications not receivable, but for other reasons. Ä¢¹½ÊÓƵAT held that Mr Dolgopolov¡¯s applications were not receivable, because he did not refer the impugned decision regarding his request to sue the Ukrainian Ambassador to management evaluation, and the decision in respect of G-4 visa restrictions imposed by the...

The Respondent had sufficiently substantiated his allegations against the Applicant. It also found that due process had been afforded to the Applicant. Given the gravity of the allegations, the Tribunal decided that the decision to summarily dismiss the Applicant was proportionate to the nature of the charges.

i. Whether the Applicant¡¯s suspension of 26 May 2006 was lawful: The Tribunal found that the Chief of Security/Ä¢¹½ÊÓƵON unilaterally and verbally suspended the Applicant in breach of the Staff Rules at that time. It was noted that such a decision could only be made by the Assistant Secretary-General, Office of Human Resources Management (ASG/OHRM) who was the properly delegated individual. Further, the Applicant was not given reasons for his suspension and the suspension was not made in conjunction with a charge of misconduct. ii. Whether the Applicant was lawfully placed on SLWFP: The Tribunal...

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...

Allegations of domestic violence and conflicts over child custody, maintenance or paternity are properly matters for a criminal court and family court to entertain. The Organization has no business using its administrative procedures to involve itself in a personal dispute when other appropriate legal channels were available to the parties to sort out their rights and responsibilities. The unilateral extension of the Applicant¡¯s temporary assignment to Addis Ababa beyond the agreed one month amounted to bias, abuse of authority and a breach of the Applicant¡¯s due process rights.The Applicant...

It is clear from the reimbursable loan agreement that Ä¢¹½ÊÓƵAMID and WFP agreed on the Applicant¡¯s loan at the P-5 level. He thus had no reason to believe that he would be paid at the D-1 level or that he would be promoted to that level by Ä¢¹½ÊÓƵAMID. Although the Applicant was informed of his selection for the Deputy Director post, he never received a letter of appointment from Ä¢¹½ÊÓƵAMID which could have created contractual rights in his favour. The Applicant failed to demonstrate that Ä¢¹½ÊÓƵAMID made any promise to him or committed any fault for which it could be held responsible.

The Tribunal rejected the application on the ground that the Applicant is not a Ä¢¹½ÊÓƵ staff member and therefore does not have access to the Tribunal. Status of STL staff members: While article 12 of the STL Statute explicitly provides that the ¡°Registrar shall be a staff member of the United Nations¡±, there is no such reference for other high-ranking officials such as the Judges or the Prosecutor, nor for any other ¡°Lebanese and international staff¡± of the STL. From the wording of both the Statute and the Agreement between the United Nations and the Lebanese Republic on the establishment of the...

Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...