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The Tribunal observes that the Applicant¡¯s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant¡¯s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

The Ä¢¹½ÊÓƵDT found that the Applicant failed to satisfy the requirements of irreparable damage and particular urgency. The application for suspension of action was rejected.

The Tribunal finds that the application is not receivable because the contested decision is not a disciplinary measure within the meaning of staff rule 11.2(b) and accordingly the time limits applicable under art. 8.1(d)(i) of the Tribunal¡¯s Statute should have been complied with. It clearly follows from staff rule 11.2(b) that the exemption from the requirement to request the management evaluation of a disciplinary measure only applies to disciplinary measures imposed following the completion of a disciplinary process.

The Ä¢¹½ÊÓƵDT found that the Applicant failed to provide any explanation to the Tribunal as to the reasons for filing the present application 25 calendar days after the email of 28 October 2011 and nine working days before the examination. The Ä¢¹½ÊÓƵDT found that the urgency in the present matter was created by the Applicant, who did not act timeously in filing the present application with sufficient urgency.

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...

OSLA is an integral part of the Secretariat of the United Nations and that its decisions are taken under the umbrella of the Secretary-General. OSLA¡¯s decisions may be challenged to the extent that they are strictly administrative decisions and are not related to the giving of advice to litigants or the conduct of cases before the Ä¢¹½ÊÓƵDT. It must be noted however that the scope and jurisdiction of the Tribunal is not limited to the author of the decision but most importantly to its nature. In order to establish that the administrative decision impacts on the contract of employment or terms of...

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 awarded: (a) two years¡¯ net base salary at the P-5 level and step which she had at the date of the non-extension of her appointment on 31 March 2010, plus the applicable post adjustment and the value of any quantifiable monetary entitlements and benefits to which she would have been entitled, plus the amount corresponding to the contributions that the Organization would have made to the United Nations Joint Staff Pension Fund and to a sum which represents the difference between what she would have paid in medical insurance at the United Nations and the medical insurance she...

Abolished posts: The onus is on the Respondent to show that the Organization acted correctly towards the Applicant as a permanent appointee on an abolished post and to demonstrate what good faith steps it took, in accordance with its legal and policy obligations, to assist her with finding alternative employment.Manifest abuse of process: A withdrawal of an admission of liability upon which the parties have relied may result in a finding of manifest abuse of process warranting award of costs.Outcome: Relied ordered: (i) 9 months¡¯ net base salary (breach of rights and loss of chance of...

The Applicant filed an application, ostensibly under art. 12.2 of its Statute (regarding corrections), in relation to Di Giacomo Ä¢¹½ÊÓƵDT/2011/168, by which the Ä¢¹½ÊÓƵDT dismissed his case as falling outside its jurisdiction. With regard to the present application, the Ä¢¹½ÊÓƵDT found that the Applicant, in fact, sought revision of Di Giacomo under art. 12.1 of the Statute, as well as correction under art. 12.2 of the Statute. The Ä¢¹½ÊÓƵDT found that it had no jurisdiction to consider the present application as Di Giacomo was under appeal before the Ä¢¹½ÊÓƵAT, which was therefore seized of the matter.