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Receivability Immunities have been incorporated into the terms of appointment of United Nations staff members¡ªincluding at the highest level of the Organization¡¯s legal order and ever since its inception¡ªthereby becoming part and parcel of their status and conditions of service. Furthermore, a decision to waive the immunity of a given staff member has evident¡ªpotentially dramatic¡ªeffects on his or her legal situation. Thus, the contested decision meets all the features of the definition of an administrative decision adopted by the Appeals Tribunal. Accordingly, the Tribunal found the...

The Tribunal held that the Applicant¡¯s claims relating to the performance evaluation of his FRO and his SRO¡¯s theoretical negative influence of future performance appraisals to the Applicant¡¯s detriment were not receivable because they either did not form part of the terms and conditions of his employment or had no direct legal consequences on his terms and conditions of employment. With respect to the negative comments and rating of the SRO in his 2015-2016 e-PAS, the Tribunal noted the successful roll-back of the e-PAS and concluded that there no longer existed a live issue because he had...

The Tribunal held that the uncontested evidence before it was that the General-Assembly endorsed the Secretary-General¡¯s recommendation for the abolishment of 80 Language Assistant posts, including the one encumbered by the Applicant. The Tribunal found and held that the decision not to renew the Applicant¡¯s fixed-term appointment was lawful as it was a proper implementation by the Secretary-General of the General Assembly¡¯s decision. In his submissions, the Applicant had indicated that the Organization had abolished his post, but later hired him as an Individual Consultant (IC). He contended...

The Tribunal concluded that the application was generally not receivable because the Applicant was specifically challenging MEU¡¯s negative responses to her various requests for management evalution. This conclusion nothwithstanding, the Tribunal reviewed each of the Applicant¡¯s claims and concluded that they were not receivable because she: failed to identify an administrative decision within the meaning of art. 2.1(a) of the Ä¢¹½ÊÓƵDT Statute in relation to her claim that there was a ¡°wall of silence¡± was estopped from re-litigating her claim in relation to the delay in releasing the results of...

The application was receivable because there was a reviewable administrative decision stemming from the SRO¡¯s negative comments and rating in the Applicant¡¯s performance appraisal because the Applicant was granted only a six-month contract instead of the one year appointment that he was granted when he initially entered on duty with Ä¢¹½ÊÓƵSMIL. Thus, the SRO¡¯s comments had direct legal consequences for the Applicant in that he ended up with a shorter term of appointment. Although the Respondent had made assurances to the Applicant that the 2015-2016 e- PAS would be rolled back and re-created, his...

The Applicant submitted that his initial ¡°informal¡± enquiries into a possible review of his retirement age only began in July 2016, and that his first formal query of the date was not until 13 August 2016. It was difficult to imagine why the Applicant never thought to query the applicable position, or seek to have the mandatory retirement age in respect of himself reviewed, until five months before he was actually due to retire. Indeed, the Applicant had not sought to even challenge any of the Respondent¡¯s submissions on receivability. While the Tribunal appreciated that a self-represented...

The Tribunal accepted the application in part. It awarded the Applicant one-month¡¯s net base salary for moral damages and two-months¡¯ net base salary for breach of her employment contract. The Tribunal found that the manner in which the Applicant was treated by the ESCWA management deserved compensation. The evidence showed that the Applicant was removed from her functions without prior notice. She was requested to turn over her security pass and leave the premises immediately. She was not allowed to enter the premises without authorization. In this regard, the Tribunal found that compensation...

The Tribunal dismissed the application as not receivable ratione materia.

The decision did not adversely affect the Applicant The Tribunal referred to its judgment Featherstone Ä¢¹½ÊÓƵDT/2015/117 whereby, inter alia, the decision denying the Applicant a conversion of her fixed-term appointment to a permanent appointment was rescinded and the case was remanded to the ASG/OHRM for retroactive individualized consideration of the Applicant¡¯s suitability for conversion of her appointment to a permanent one as mandated by ST/SGB/2009/10. The Tribunal was satisfied that by the decision of 17 November 2016 (the contested decision), the Organization complied with the terms of...

The Tribunal examined the alleged procedural errors in the appointment of the investigation panel and the conduct of its investigation, before turning to examine the alleged errors in the making of the contested decision itself. Appointment of the panel The Tribunal found that the panel, appointed by a responsible official (the then Executive Director OAJ) who had a conflict of interest, was not constituted in accordance with sec. 5.14 of ST/SGB/2008/5. It was illegal and void ab initio. A decision maker cannot, knowing the basis of a request for recusal, take important steps in a process such...