The Ä¢¹½ÊÓƵDT found that the Applicant appealed against several decisions, namely the decision to transfer her from Ä¢¹½ÊÓƵOPS to WHO and back to Ä¢¹½ÊÓƵOPS, the decision to deny her return rights to Ä¢¹½ÊÓƵOPS, and her separation from Ä¢¹½ÊÓƵOPS upon the end of her SLWOP. The Ä¢¹½ÊÓƵDT found that the application was time-barred with respect to all those decisions.
The Applicant¡¯s rights were respected in compliance with ST/AI/371. The Applicant failed to establish any irregularities in the procedure followed to impose the disciplinary measure on him. It was clear from the investigation that there were several irregularities in the supporting documents submitted by the Applicant. These irregularities were sufficiently disturbing to strongly suggest that the said invoices were falsified. The facts on the basis of which the Applicant was sanctioned were established. The Applicant¡¯s actions constituted professional misconduct within the meaning of the...
The Applicant was not qualified to address Ä¢¹½ÊÓƵDT because, at the time of the disputed facts, she was neither a serving nor former staff member within the meaning of Article 3.1 of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵDT accordingly disclaimed jurisdiction in this case and dismissed the application.
The Ä¢¹½ÊÓƵDT found that the decision of USG/DM was proper and lawful because the Applicant did not possess a University degree or the relevant experience as set out in the Vacancy Announcement (VA) of the post to which he had applied. While the VA required an Advanced University degree or a first level University degree with a relevant combination of academic qualifications as well as at least seven years¡¯ experience in administration and human resources or financial/ budget operations, the Applicant had none of these. Equivalence of qualifications to University degrees: Considering that United...
The Tribunal finds, inter alia, that no international labour standards or the United Nation¡¯s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal¡¯s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...
The MEU received the Applicant's request for management evaluation on 7 May 2013. The Applicant was therefore required to file her application with the Tribunal within 90 calendar days from 6 June 2013, namely 4 September 2013. The fact that the MEU sent a response to her request for management evaluation on 26 June 2013, after the 30 day time limit does not have the effect of extending the relevant response period. The Applicant did not submit an appeal with the Dispute Tribunal within the required time limit. The application is not receivable and is dismissed.
The Applicant requested management evaluation as a result of the Registry of the Tribunal informing her that the absence of a request for management evaluation rendered her application incomplete. Ä¢¹½ÊÓƵOPS reviewed and responded to her request and rejected it on the merits. Ä¢¹½ÊÓƵOPS also added that her claim for permanent appointment was out of time. This case has to be distinguished from Simmons Ä¢¹½ÊÓƵDT/2013/15 where the Tribunal found that the Management Evaluation Unit accepted the request for management evaluation after a written request to and response from the Applicant as to the existence of...
The Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the Ä¢¹½ÊÓƵSU through a free and fair election process and his right to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 Ä¢¹½ÊÓƵSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not...
Placement on SLWFP: The Tribunal held that there was ample evidence that the underlying rationale behind the placement of the Applicant on SLWFP related to misconduct and as such, his suspension cannot be justified under former staff rule 105.2(a)(i) since the Respondent did not have the requisite authority to place him on SLWFP in the context of an investigation. The Tribunal concluded that the Respondent¡¯s placement of the Applicant on SLWFP was in actuality a suspension from service pursuant to former staff rule 110.2 and section 6 of ST/AI/371. Due Process: The Tribunal held that the scope...
Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if he intends to put forward a different version of events from that given by the claimant, he...
