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The Tribunal noted that the provisions of both the former Staff Rules and the former mobility Administrative Instruction were very clear in that staff members holding temporary appointments are not eligible to receive mobility allowance.; The Tribunal found that the period when the Applicant held temporary appointments could not count towards the requirement of five years¡¯ prior consecutive service.; The Tribunal noted that the Applicant resigned in 2014 from his appointment in the General Service category, which he had held since 1993, and later received successive temporary appointments for...

The Tribunal reviewed the evidence on record and found that the Organization followed the instructions provided by the Appeals Tribunal in Gueben et. al. 2016-Ä¢¹½ÊÓƵAT-692, and properly considered the Applicant¡¯s suitability for a permanent appointment in the reconsideration exercise that led to the contested decision of 17 March 2017. According to the evidence on file, the Administration assessed the Applicant¡¯s qualifications, competencies and transferable skills while taking into account the overall interests of the Organization. Considering that Ä¢¹½ÊÓƵKART is a downsizing entity, the Tribunal...

Receivability What is the contested decision? The Tribunal found that the Applicant did not contest the decision to grant her a permanent appointment, as argued by the Respondent. Rather, the Applicant contested the decision not to ¡°provide her with an effective remedy¡± after having been granted a permanent appointment with retroactive effect to 30 June 2009, namely not being given employment against the permanent appointment or, in the alternative, not being granted compensation equivalent to the termination indemnity. Does the principle of ¡°res judicata¡± apply? The Applicant requests to be...

The Tribunal found that the post encumbered by the Applicant was abolished due to a restructuring exercise in Ä¢¹½ÊÓƵAKRT linked to budgetary restrictions and the implementation of Umoja, which rendered the Applicant¡¯s position redundant. The Tribunal noted that the Organization is not bound to initiate a formal consultation process with a staff member before deciding to abolish his/her post. In any event, consultation is not equivalent to negotiation, and it is not necessary for the Administration to secure consent or agreement of the consulted party. The Tribunal found that the Organization did...

- The question at hand is whether the Applicant has been fully reimbursed for her 2019 tax liability, regardless of tax liability share. What affects an Applicant¡¯s terms of employment is the payment of her total tax liability and not how different entities are to cover it. Any issue concerning the division of tax liability is to be dealt with by the Organizations involved, not by the Applicant. - The total amount received by the Applicant equals the undisputed total amount that she was entitled to receive. Consequently, the Applicant has been reimbursed in full for her tax liability.