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While finding that there had been a procedural flaw in the FOPA evaluation, inasmuch as the Applicant had been denied a rebuttal, the Tribunal considered that there was not causal effect between this flaw and the non-renewal decision, noting that the contested decision refers only to the third and last appraisal, which was made in accordance with the applicable rules. Resolution 59/296 and reappointment of 300 series staff members under 100 series: The said resolution authorises the Secretary-General to reappoint staff members holding an appointment under the 300 series of former Staff Rules...

The case was closed after Ä¢¹½ÊÓƵDT was informed that there had been full compliance with the terms of the settlement agreement.

The case was closed after Ä¢¹½ÊÓƵDT was informed that there had been full compliance with the terms of the settlement agreement.

The case was closed after Ä¢¹½ÊÓƵDT was informed that there had been full compliance with the terms of the settlement agreement.

The Tribunal found this decision unlawful as not grounded on any valid legal basis. It awarded three months¡¯ net base salary for moral damage.

The Tribunal found that the OIOS decision was an appealable administrative decision but that the application was time-barred. Force of JAB conclusions and recommendations: The Tribunal is not bound by the conclusions and recommendations of the Joint Appeals Board, which is only a consultative body. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass...

The Tribunal observed that the Applicant conceded, in his closing submission, that the distribution and storage of pornographic material using the Ä¢¹½ÊÓƵDP equipment constituted misconduct. Therefore, the Tribunal considered the characterization of this charge settled and did not go on to examine it. On due process, the Tribunal found that the investigation was hasty and afforded the; Applicant little opportunity to prepare for his case. On proportionality, the Tribunal held that the lack of due process shown on the part of the Respondent while investigating the Applicant must necessarily count to...

The Tribunal found that the Applicant was not a staff member of the United Nations, but rather a member of Ä¢¹½ÊÓƵ police force (Ä¢¹½ÊÓƵPOL), which was an international law enforcement entity separately administered outside the Ä¢¹½ÊÓƵ Secretariat. The Tribunal therefore, held that in view of the established law, articles 2.1 and 3.1 of the Statute of the Tribunal, the application was not receivable. The Tribunal was not competent to entertain it. Accordingly, the application was dismissed as non-receivable.

The Tribunal concluded that there was cogent evidence that extraneous factors were taken into account in the decision not to extend the Applicant¡¯s contract. The Tribunal thus held that the Applicant had sufficiently discharged his burden of proof. He showed that the actions of the Respondent¡¯s agents were unfair, improperly motivated, and wholly arbitrary.

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant¡¯s contract ended in eight days from the date of the Judgment. The urgency was due to the Respondent not properly ensuring that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended he and his family will suffer from the non-renewal of his contract, and...