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The Administration did not have a legal obligation towards the Applicant to take action at any stage in relation to the fraud. No legally relevant relationship between OCHA and the Applicant existed; the fact that the Applicant¡¯s aunt submitted her applications to a Ä¢¹½ÊÓƵ staff member did not create such a relationship. No Organization is bound to respond to uninvited applications for jobs that the Organization had not previously announced. Neither OCHA nor any other Organization can be made liable for criminal abuse of its name and reputation.The Applicant, who resigned from her post in Ä¢¹½ÊÓƵFPA...

The application was withdrawn by the Applicant.

The procedures set out in ST/AI/2002/3 on the performance appraisal system were not complied with. While section 8.3 requires that as soon as a performance shortcoming is identified, the first reporting officer should discuss the situation with the staff member and take steps in consultation with him/her to rectify the situation, in the present case the Applicant received the rating ¡°partially meets performance expectations¡± without being informed through the performance appraisal system of his shortcomings and thus without being given the opportunity to improve his performance. Since the...

When the Administration takes a decision which confirms an initial decision, the time limit to contest the decision starts to run from the date of the initial decision. In the case at hand, while the Applicant was notified of the contested decision on 2 November 2009, he only requested management evaluation of this decision on 31 March 2010. He thus failed to comply with the established time limit to request management evaluation. When a staff member wishes to contest a decision which, in his view, is unlawful because of the incompetence of the body which took the decision, he/she should...

The Tribunal found that the Applicant¡¯s appointment of limited duration carried no expectancy of renewal and that there were no countervailing circumstances which could have created such expectancy. It also found that the reason for non-renewal, namely the negative impact that allegations then made against the Applicant in the local media could have on the Organization, was supported by the facts and that the non-renewal decision therefore constituted a proper exercise of the Secretary-General¡¯s discretion. Scope of discretion of the Secretary-General in non-renewal cases: It is within the...

Ä¢¹½ÊÓƵDT held that, in light of Order No. 62 (NY/2010) and the subsequent lack of prosecution of the proceedings, there was no matter for adjudication before the Tribunal. Ä¢¹½ÊÓƵDT closed the case without a determination of its merits.

The Respondent submitted, inter alia, that the present application was time-barred as it was not filed within 90 days from the date of receipt by the Applicant of the management evaluation. The Applicant submitted that the filing of the present application was delayed due to exceptional circumstances, namely his attempts to resolve the matter informally, including with the assistance of OSLA. The Tribunal found that the application was filed more than four months after the expiration of the relevant time period. The Tribunal further found that the Applicant¡¯s informal discussions with the...

The application was withdrawn by the Applicant.

In accordance with staff rule 7.6(e), the Applicant¡¯s official departure date from Vienna was on Sunday, 14 March 2010, a non-working day in Vienna. Pursuant to section 5.2 of ST/AI/2006/4, had he departed on that date, he would not have been entitled to an additional day of annual leave to compensate for official travel on a non-working day. The fact that the Applicant chose to travel on a working day for reasons of personal convenience shall not have the effect of granting him a benefit to which he would not have been entitled had he travelled on the official date of travel.