蘑菇视频DT/2010/055, Abbasi
Outcome: The applicant succeeds. Compensation ordered for distress and loss of career development and associated benefits.
Outcome: The applicant succeeds. Compensation ordered for distress and loss of career development and associated benefits.
Assignment grant: Rule 107.20 clearly envisages a situation in which a newly recruited staff member from an area “within commuting distance of the duty station” would be entitled to an assignment grant where he had been “settled” in the duty station perhaps by a former employer who due to the new recruitment would no longer take responsibility for such things as his accommodation. He would be given the assignment grant to “resettle” himself, as it were. By the same token, a newly recruited staff member who had previously worked for the Organisation for a period of time as a consultant and most...
The applicant was entitled to be immediately informed or placed in the same position as he would have been had he been immediately informed. The failure to give timely notice, given the history of the case, gave rise to the legitimate expectation that the contract would be renewed. Outcome: Held that the applicant had no legitimate expectation of renewal of his contract and that decision not to renew was based on proper grounds and was not affected by irrelevant considerations. Held also that the applicant was entitled to be informed of the decision that he was regarded by the Organization as...
Outcome: Application dismissed, but award of a nominal compensation of USD 1,000 for procedural deficiencies in the selection process.
In view of the evidence available and the Applicant’s refusal to disclose evidence that could exonerate her and that she alone could have produced, the Tribunal considered that the facts on which the disciplinary measure was based had been established. Section 20 of the Convention of the privileges and immunities of the United Nations provides that privileges such as VAT exemption are granted to staff members in the interests of the United Nations and not for the personal benefit of the individuals themselves. Section 21 further provides that the United Nations shall cooperate at all times...
The applicant had a real and substantial chance of appointment of around 50 percent and that the appointment would have lasted until his 2010 retirement date. USD2,000 nominal compensation awarded for loss of the chance to work in New York.
The Applicant made an application for strike out, summary judgment and transfer of the case to 蘑菇视频DT New York or Geneva on the grounds that there was a conflict of interest for various reasons. The Tribunal issued Order No. 28 refusing the requests for strike out, summary judgment and transfer and, in accordance with Article 19 of the 蘑菇视频DT Rules of Procedure (ROP), gave case management directives, which the Applicant was supposed to comply with by 4 March 2010 but he did not do so. Subsequent to the Tribunal issuing an Order to show cause, the Applicant informed the Tribunal that its...
Once appeal is withdrawn there is no longer any matter for adjudication before the Tribunal.
None.
Receivability: Although the applicant accepted the assignment, this does not mean that all decisions taken by the Administration with respect to the applicant must be deemed correct and lawful. The Organization’s decision to base its calculation of the applicant’s salary on her net income constitutes an administrative decision affecting her contractual right to proper remuneration and the case is therefore receivable. Salary calculation: ST/IC/2007/24 and ST/AI/2000/1 articulate that all G-level staff will be receiving an SPA to the P-2 level. Pursuant to provisional staff rule 3.10(d), the...