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Receivability The Application was found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicant requested management evaluation timeously. 2) An individual administrative decision, namely, to apply the new post adjustment in relation to the Applicant, had been issued and implemented, as demonstrated by her salary slip 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 decisory...

Receivability The Application was found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicant requested management evaluation timeously. 2) An individual administrative decision, namely, to apply the new post adjustment in relation to the Applicant, had been issued and implemented, as demonstrated by her salary slip 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 decisory...

The Tribunal found that the decision to abolish the post of Senior Child Protection Officer in Darfur, Sudan is not subject to judicial review. That aspect of the application was non-receivable ratione materiae. The Tribunal found that the Administration did not act unlawfully by not renewing the Applicant¡¯s contract because the contract itself was clear that it was expiring on 31 December 2018. Fixed-term contracts carry no expectation of renewal.

The Tribunal found the application receivable because: 1)Although the Applicants, who were self-represented, referred to and addressed some of the findings in the management evaluation response at section VII of their application, the applications were evidently not directed at the Management Evaluation Unit response but rather at the decision not to renew their appointments beyond 30 June 2019. 2)The 5 April 2019 notice was not unambiguous and the non-extension decision may have been interpreted as conditioned upon the future General Assembly resolution on the budget. The communication dated...

Upon review of the record, the Tribunal finds that no official commitment was made to the Applicant in writing which would give rise to a legitimate expectation of renewal of his temporary appointment. The erroneous approval by the OIC of Mission Support cannot be understood to create a legitimate expectation of the renewal. There was maladministration in terms of delay in communicating the error to the Applicant and the Respondent has provided compensation to the Applicant in that respect. The Applicant has failed to provide any evidence that the Administration¡¯s finding that there were no...

The Tribunal found that the Applicant had not been selected by a Secretariat review body, which is a requirement under sec 2.1 of ST/SGB/2011/9. The Tribunal held that this was rational and consistent with General Assembly resolution 65/247 that for continuing appointments with the Secretariat, the requisite review be done by a Secretarit review body rather than other specialized review bodies. This condition was not satisfied in the Applicant¡¯s case. Accordingly, the impugned decision not to grant the Applicant the continuing appointment was correct. The application was thus dismissed.

The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. Ä¢¹½ÊÓƵDT/2019/122. The Tribunal concluded that Judgment No. Ä¢¹½ÊÓƵDT/2019/122 related solely to the Applicant¡¯s challenge against MONUSCO¡¯s decision to abolish his post by way of a ¡°dry cut¡± and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant¡¯s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant¡¯s assertion that...

Receivability In Lloret Alca?iz et al. 2018-Ä¢¹½ÊÓƵAT-840, the Appeals Tribunal specifically addressed the issue of receivability of applications contesting, directly or indirectly, regulatory decisions of the General Assembly. Like in the present case, the applicants in Lloret Aclaniz et al. argued that they were not challenging the decision of the General Assembly to introduce a new Unified Salary Scale but rather the implementation of this new scale by the Secretary-General in their individual cases, who failed to take into account their acquired rights. The applications were found to be...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...