Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit any errors of law or fact in finding that the applications were not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that the Local Salary Survey Committee (LSSC) does not constitute a technical body and therefore does not exempt the Appellants from the mandatory first step of requesting a management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeals and affirmed the Ä¢¹½ÊÓƵDT judgments.
Ä¢¹½ÊÓƵAT considered an appeal by Ms. Patkar. Ä¢¹½ÊÓƵAT dismissed the Appellant's argument that the Ä¢¹½ÊÓƵDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the Ä¢¹½ÊÓƵOPS Administration had approved such leave. Ä¢¹½ÊÓƵAT further held that that the Appellant¡¯s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...
Prima facie unlawfulness: The Tribunal found in Villamoran Ä¢¹½ÊÓƵDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...
Consultations: ¡°Consultation with the appropriate staff representative bodies¡± does not mean that for an administrative instruction to enter into force, it must necessarily meet the agreement of the staff representatives.Acquired right: An acquired right is breached only when an amendment adversely affects the balance of contractual obligations by altering fundamental or essential terms of employment.Irreparable damage: Mere financial loss is not enough to satisfy the test of irreparable damage. Harm to professional reputation and career prospects, or harm to health, or sudden loss of...
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 Tribunal therefore found that the Applicant failed to satisfy the overall test for a suspension of action with respect to that decision. With respect to the decision to require her to take a break in service prior to her placement on a temporary appointment, the Tribunal found that the three requirements of art. 2.2 of the Tribunal¡¯s Statute were satisfied. The Tribunal found that, for staff on fixed-term appointments who are being reappointed under temporary appointments following the expiration of their fixed-term appointments, there is no requirement, in law, to take a break in service...
The Applicant submitted that seeing that the Secretary-General of the United Nations does not have any authority over staff rules at the Ä¢¹½ÊÓƵJSPF, the Pension Fund is not precluded from employing a candidate that was rejected by OHRM. The Ä¢¹½ÊÓƵDT found that the Ä¢¹½ÊÓƵJSPF and OHRM correctly applied the legal provisions by considering that OHRM was responsible for administering the selection process for a post located in the Ä¢¹½ÊÓƵJSPF and that the Applicant was not eligible for the post due to the fact that he held a post at a G-4 grade whereas the post to which he had applied was at the G-7 grade, three...
The Applicant specifically submits that the staff rules state that ¡°[c]ontinuity of service shall not be considered broken by periods of special leave¡± and the Respondent may not therefore deny his eligibility on the ground that his six months of special leave without pay resulted in him not having been employed for a continuous period of five years The Ä¢¹½ÊÓƵDT rescinds the contested decision and finds that the Applicant is eligible for consideration for permanent appointment.
The Tribunal found that within Ä¢¹½ÊÓƵFPA, the authority to place a staff member on SLWFP rests with the Ä¢¹½ÊÓƵFPA Executive Director, and that his authority was not duly delegated to another Ä¢¹½ÊÓƵFPA Official. In view of that, the Tribunal concluded that the decision-maker did not have the competence to take the contested decision, ordered its rescission and awarded USD1,000 to the Applicant as moral damages for the breach of her rights due to that fundamental procedural flaw. The compensation was restricted to the fact that the Applicant had stated on several occasions that while she did contest the...
