Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.
Receivability: The Tribunal considered that the contested decision was alleged to be in non-compliance with the Applicant’s terms of appointment and produced direct legal consequences adversely affecting the Applicants’ rights. The Tribunal found that the application was receivable.Whether there were procedural errors which breached the Applicant’s rights following the classification of the post at the G-5 level and, if there were, what consequences flowed from those procedural errors The Tribunal found that the Administration failed to comply with ST/AI/1998/9 in that it did not provide a...
The 蘑菇视频DT found that there was change of official duty station and that, as a result, the application of Entebbe’s post adjustment rate and payment of DSA for only 30 days were lawful. The Tribunal also dismissed all the other Applicant’s contentions. As a preliminary matter, the Tribunal examined the receivability of the application given that the parties disagreed on the date on which the Applicant ought to have known of the decision. The Tribunal found that the application was receivable. Receivability – Notification of an administrative decision: The Administration is obliged to communicate...
The 蘑菇视频DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 蘑菇视频DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 蘑菇视频DT found that, because the Applicant was able to secure alternative employment, albeit at a lower...
International standards on retrenchment and retention: There are international norms and standards regarding the termination of employment of work due to economic, technological or structural change, and the rights of retrenched workers and of staff representatives. The International Labour Organization Convention on Termination of Employment (Convention No. C158) (1982), which contains provisions applicable to all branches of economic activity and to all employed persons (art. 2), states at art. 4 that the employment of a worker shall not be terminated unless there is a valid reason for such...
The 蘑菇视频DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 蘑菇视频DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 蘑菇视频DT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...
The 蘑菇视频DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 蘑菇视频DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 蘑菇视频DT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...
The 蘑菇视频DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 蘑菇视频DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 蘑菇视频DT ordered payment of USD7,000 as compensation for emotional distress and two years’ net base salary...
The 蘑菇视频DT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The 蘑菇视频DT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The 蘑菇视频DT found that, because the Applicant was able to secure alternative employment, albeit at a lower...
The Tribunal granted the application, and the contested decision was rescinded and SLWP request remanded for the ASG/OHRM’s consideration within 30 days.
