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The Applicant was terminated without being given the statutory three months¡¯ notice. Without that notice, the regulatory framework provides that compensation in lieu of the three months¡¯ notice had to be paid. For reasons similar to those stated in Ahmed, the grant of SLWFP to the Applicant for part of the period neither supplants nor equates to the Respondent¡¯s obligation to have given the Applicant his due notice on 10 September 2010. The Staff Regulation and Rules requires the staff member to either be given notice or payment in lieu of that notice. The Applicant in this case received...

There was no express indication that the Judgment of the 11th Judicial Circuit Court was executable upon issuance, neither was the issue investigated by the administration in the proceedings leading to the impugned decision. Rather, pertinent documents focus on the finality, apparently presumed from the title ¡®Final judgment of dissolution of marriage¡¯. The title should not have been relied upon. The contested decision was not based on a court order whose enforceability was unequivocal. The Tribunal did not find any indication of the judgment by the Third District Court of Appeal of the State...

The circumstances of the Applicant's severe illness, travel difficulties and the security issues in Sudan were all worthy considerations duly taken into account by the Organization during efforts made to accommodate the Applicant and achieve partial resolution as aforementioned. On receipt of the Applicant¡¯s management evaluation request, it was also within the discretion of the Respondent based on staff rule 11.2(c) to extend the 60- day deadline. That discretion, however, does not extend to the Tribunal. The Tribunal has no jurisdiction to waive the management evaluation request deadlines...

Management evaluation not requested within the statutory deadline. Application not receivable ratione materiae.

The Applicant consistently admitted that the verbal and physical altercation took place and that he damaged the officer¡¯s umbrella. He only challenged the investigation process which he maintained was biased and unfair since it didn¡¯t consider the context of the interaction. He also complained that the most pertinent aspects of the case which were caught on video were never provided to him and he therefore didn¡¯t speak to them in the context of the investigation. Since the Applicant did not deny that he was involved in a verbal and physical altercation with a Kenyan police officer and that he...

Having reviewed the record, the Tribunal concluded that proper procedures were followed during the selection exercise and that the Applicant received full and fair consideration for the TJO# 136259. The record showed that the Applicant was shortlisted and invited for the interview and was subsequently recommended by the hiring manager to the Head of Mission for selection. However, the hiring manager proposed another candidate for selection as the most suitable candidate because that other candidate had received a higher rating for the competencies of Planning and Organizing and Client...

The Applicant became aware of her de-rostering in 2017 and it became apparent in 2020, after three years of enquiries that she was in fact de-rostered. She only requested management evaluation on 6 June 2021, several months beyond the 60-day deadline. The Tribunal also found that the impugned decision did not constitute an "administrative decision" as defined in United Nations Administrative Tribunal Judgment No. 1157, Andronov (2003). The change of rostering status complained of did not involve a final decision taken with direct legal consequences for the Applicant¡¯s rights and obligations...

The Tribunal recalled that a former staff member has access to the Dispute Tribunal only in respect of an administrative decision affecting the terms of his or her former appointment or contract. In the present case, the Tribunal found that the application was not receivable ratione personae because at the date of filing the application, the Applicant was not a staff member and the contested decision did not breach the terms of his former appointment or contract of employment.

Given that the Tribunal already adjudicated the Applicant¡¯s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General¡¯s response to a request for management evaluation is not an appealable administrative decision.

The contested decision having been rescinded by the Administration was, therefore, not a final administrative decision capable of review by this Tribunal, which, consequently, can make no pronouncement as to its legality or as to any effects it may have caused. The Applicant¡¯s claim that the rescission of the contested decision constitutes an admission of its unlawfulness is without merit. The Application is therefore not receivable ratione materiae. The Tribunal notes that in this case, the Applicant does not claim any abuse of the current proceedings, nor does the Tribunal observe any such...