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The mention of the Applicant's name in several documents communicated to a number of countries in relation to an ongoing investigation had an impact on the Applicant's professional mobility. Indeed, while on official travel, the Applicant had been stopped in various airports, sometimes for several hours, and had been asked whether he had another passport in his possession. The absence of a response from OIOS over the course of its multi-year investigation was a deliberate act, if not an instance of negligence in the Administration's duty to act within a relatively reasonable time. This failure...

Receivability - Article 7.4 of the Ä¢¹½ÊÓƵDT Rules of Procedure requires that any application seeking to enforce the terms of a settlement agreement must be filed within 90 calendar days of the last day for implementation as specified in the agreement and where dates for the implementation are not stated, the application must be filed within thirty calendar days of the signing of the settlement agreement.An examination of the Settlement Agreement between the parties shows that no date was stipulated for its implementation. Any application challenging it must therefore be brought within 30 days...

The failure to consider the Applicant¡¯s e-PAS reports and to address them especially in the context of the disparity between its ratings and those of the Applicant¡¯s reporting officers on the same competencies and within the same organization was a serious flaw in the selection process. Ä¢¹½ÊÓƵDT was satisfied that the panel met its requirement of asking probing questions, even if the report reflected it as ¡°prompting¡± rather than ¡°probing.¡± The absence of an ex-officio member on the assessment/interview panel by itself could not vitiate the selection exercise. The Applicant¡¯s candidacy for the...

The Tribunal accepted the application in part. It awarded the Applicant one-month¡¯s net base salary for moral damages and two-months¡¯ net base salary for breach of her employment contract. The Tribunal found that the manner in which the Applicant was treated by the ESCWA management deserved compensation. The evidence showed that the Applicant was removed from her functions without prior notice. She was requested to turn over her security pass and leave the premises immediately. She was not allowed to enter the premises without authorization. In this regard, the Tribunal found that compensation...

While staff regulation 1.2(c) provides that in exercising his authority to assign staff members to activities or offices of the United Nations, the Secretary-General shall seek to ensure that ¡°all necessary safety and security arrangements are made for staff carrying out the responsibilities entrusted to them,¡± such arrangements are not, in all circumstances, merely limited to physical safety and security. Reassigning a staff member from a core P-5 post established by the General Assembly to a General Temporary Assistance (GTA)-funded P-5 post established by ESCWA did not satisfy the test of a...

The authority to grant an SPA, which, at Annex IV to ST/SGB/2019/2, is delegated to Heads of entity (D-1 and below) and which the Officer in Charge exercised in handling the SPA request is different from the authority to grant an ex gratia payment. The Applicant did not provide any evidence to prove that the authority to award an ex gratia payment was at any point delegated from the USG/DMSPC. In the absence of evidence of express transmission of authority the Tribunal was not satisfied with the Applicant¡¯s assertion that the Acting Director of the Administrative Services Division had...

The authority to grant an SPA, which, at Annex IV to ST/SGB/2019/2, is delegated to Heads of entity (D-1 and below) and which the Officer in Charge exercised in handling the SPA request is different from the authority to grant an ex gratia payment. The Applicant did not provide any evidence to prove that the authority to award an ex gratia payment was at any point delegated from the USG/DMSPC. In the absence of evidence of express transmission of authority, the Tribunal was not satisfied with the Applicant¡¯s assertion that the Acting Director of the Admiistrative Services Division had...