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The application was not receivable because of the Applicant¡¯s failure to request management evaluation in good time.

The present case concerns a rebuttal process that was initiated in accordance with section 15.1 of ST/AI/2010/5. On 12 June 2017, the rebuttal panel issued its report recommending that the administration maintain the original overall rating of ¡°partially meets performance expectations¡± and the Applicant¡¯s placement on a performance improvement plan. In accordance with section 15.5 of ST/AI/2010/5, the performance rating of ¡°partially meets performance expectations¡± became binding on the Applicant because of the rebuttal panel¡¯s recommendation of 12 June 2017. In light of the foregoing, the...

The evidence shows that the Applicant, on 6 June 2019, signed a contract with Ä¢¹½ÊÓƵFPA that was governed by the terms and conditions of the Ä¢¹½ÊÓƵFPA individual contactors. Accordingly, the Applicant, not being a staff member of Ä¢¹½ÊÓƵFPA or any other entity of the United Nations, has no locus standi before this Tribunal. The present application cannot be entertained.

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions is the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-Ä¢¹½ÊÓƵAT-359 and Ademagic et al. 2016-Ä¢¹½ÊÓƵAT-; 684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration.; The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-Ä¢¹½ÊÓƵAT-359 and Ademagic et al. 2016-Ä¢¹½ÊÓƵAT-684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that according to the Applicant¡¯s submission, he was notified of the contested decision on 19 May 2017. Therefore, the 90-day time limit to institute proceedings before the Tribunal expired on 17 August 2017. It followed that when the Applicant submitted his incomplete application by email on 21 August 2017, the statutory time limit had already elapsed. The Tribunal therefore found that the application was irreceivable ratione temporis.

The Applicant consistently, throughout the proceedings, admitted the fact that sometime between December 2006 and January 2007, he had stated in his job application that he had no relative working for a public international organization, even though he was aware that at the time his brother was working for the United Nations. As such, the fact that the Applicant failed to disclose relevant information when he should have, is essentially not in dispute. Whereas the Applicant insists to calls his deed an ¡°oversight¡±, it is impossible to accept. By invoking the same justifications for not...

The decision communicated to the Applicant on 29 March 2019 presents essentially the relief sought by the Applicant in his application dated 4 March 2019 and while the Applicant is still insisting on clarification from the Regional Service Centre in Entebbe (RSCE) as to the basis for the impugned decision, this neither minimizes nor negates the fact that the administration acceded to his request and rescinded the impugned decision altogether. The Applicant has not tendered any particulars or evidence to support, prove and/or explain his allegations of harassment, abuse of authority and mental...

Regarding the merits, the abolishment of a number of posts was decided by the; General Assembly. This decision is outside the Tribunal¡¯s jurisdiction. The SecretaryGeneral¡¯s role was to implement it through identifying particular posts for reduction. In the process, the Applicant¡¯s post was so selected, which entailed the decision on termination of his appointment. The Tribunal¡¯s cognizance extends over reviewing the appropriateness of the steps which led to this decision, however, in so far only as they are attributed to the Secretary-General. Prima facie, the Tribunal finds no reason to...

Receivability The Tribunal found the application receivable ratione temporis. Merits The Tribunal considered that while the Administration has a duty of care vis-¨¤-vis its staff members in the management of the social security system and relevant entitlements, the system is based on certification and reporting, with the main responsibility for providing the Administration with the required medical certificates and reports lying on the staff member. Staff members must strictly comply with the legal requirements and provide complete material that contains sufficient precision, including the...