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The Tribunal concludes that the decision appears prima facie to be unlawful. The instant case meets the requirement of urgency. The Tribunal accepts the Applicant¡¯s assessment of the potential irreparable harm the implementation of the break in service would cause, particularly in light of the visa implications and his children¡¯s educational needs. The Tribunal orders suspension, during the pendency of the management evaluation, of the implementation of the decision requiring the Applicant to take a mandatory break in service after the expiration of his fixed-term contract and prior to a...

Ä¢¹½ÊÓƵDT held that the impunged decision was prima facie unlawful. Ä¢¹½ÊÓƵDT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. Ä¢¹½ÊÓƵDT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant¡¯s filing of his application was prompt and...

The Ä¢¹½ÊÓƵDT found that the Applicant had previously resigned from a temporary appointment and was reemployed on the understanding given to her by MINUSTAH that the period of 364 days, following which she may have to take a break in service, would start running on the date of her new temporary appointment. The Ä¢¹½ÊÓƵDT found that the conditions for a suspension of action were met and ordered suspension, during the pendency of the management evaluation, of the implementation of the decision. Outcome: The Ä¢¹½ÊÓƵDT ordered suspension of action on the contested decision pending management evaluation.

Outcome: Judgment for the Applicant. The parties were ordered to attempt to resolve the issue of appropriate relief, failing which it would be considered by the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵDT found that the requirement to take a break in service was unlawful and did not reflect the true facts as no actual break in service or separation took place. The Ä¢¹½ÊÓƵDT found that there was no legal requirement for the Applicant to be placed on appointment of limited duration between 5 and 30 June 2009, and the decision to give her an appointment of limited duration was manifestly unreasonable and therefore unlawful. The...

The Ä¢¹½ÊÓƵDT found that the two posts in question were available only temporarily and therefore the Administration¡¯s decision to advertise them as temporary vacancies was lawful. With respect to the first vacancy, the Ä¢¹½ÊÓƵDT found that, as the successful candidate declined the offer, it was appropriate for the Administration to fill the temporarily vacant post through a lateral transfer. The Ä¢¹½ÊÓƵDT further found that this decision was made by a person with proper delegation of authority. With respect to the second vacancy, the Ä¢¹½ÊÓƵDT found that the selection exercise was also lawful. The application was...

The Applicant¡¯s separations from service were the result of the expiration of his fixed-term appointments in the natural course of business. There were no legal provisions or administrative decision requiring that the Applicant take any breaks in service between his FTAs. The time period between his separation from service on one FTA and his re-employment on another FTA, which was not followed by any type of reinstatement, results in the Applicant¡¯s continuity of service being broken. Therefore, one of the cumulative conditions of ST/SGB/2009/10, to have five years of continuous service before...

The Ä¢¹½ÊÓƵDT found that the decision of ESCAP to employ the external candidate on the maternity leave post, prior to advertising the vacancy, for the initial period of 1 February to 31 March 2011 and for one more month subsequently, while the selection process for the maternity leave post was ongoing, was lawful. The application was dismissed.

He claims that all other retirees who had been employed were granted the maximum of 125 working days under ST/AI/2003/8/Amend.2, while he was granted only 106 working days in 2013. The Chief, CTS, allegedly favored those retirees who invited him/made him gifts, while the Applicant was discriminated and retaliated, since he had reported the unethical behavior by the Chief, CTS. The Tribunal found that retirees have no ¡°right¡± to be employed for a maximum of 125 working under the terms of ST/AI/2003/8/Amend.2. The Applicant failed to provide evidence that the decision was motivated by extraneous...

The Ä¢¹½ÊÓƵDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.

Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of relocation grant that the Applicant was entitled to and that this negatively affected the Applicant. This however was the subject of a settlement agreement between the parties. Further, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on relocation grant for temporary employees are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the Ä¢¹½ÊÓƵDT Statute the Tribunal¡¯s...