Ä¢¹½ÊÓƵ

In Ä¢¹½ÊÓƵDT/NY/2019/012, the Applicant failed to request management evaluation of the contested administrative decision within 60 days and the application in this respect is therefore not receivable. In Ä¢¹½ÊÓƵDT/NY/2018/045, the Applicant only learned the real reasons underlying the decision not to select him for the position at the management evaluation stage. Therefore, he was allowed to introduce arguments concerning these reasons in his application before the Dispute Tribunal even if he had not raised them at the management evaluation stage. The Administration decided to select two female...

The Applicant was not a staff member at the time of the contested decision, and her former employment was with a different entity than that concerned by the administrative decision under review in this case. No nexus existed between the Applicant¡¯s former employment with the Organization and the administrative decision under review, and the Applicant has therefore no standing to challenge this decision. The cancellation of a selection process is not a challengeable administrative decision. In this case, the canceled job opening was eventually re-advertised and the Applicant eventually selected...

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section.; The Ethics...

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section. The Ethics...

The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. Ä¢¹½ÊÓƵDT/2019/122. The Tribunal concluded that Judgment No. Ä¢¹½ÊÓƵDT/2019/122 related solely to the Applicant¡¯s challenge against MONUSCO¡¯s decision to abolish his post by way of a ¡°dry cut¡± and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant¡¯s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant¡¯s assertion that...

The application was dismissed. The Tribunal held that the Applicant¡¯s actions were consistent with a concluded intent not to return to her duty station, no matter the lack of basis. Therefore, the Respondent¡¯s decision to separate her on the ground of abandonment of post was lawful.

Rescission of the contested non-renewal decision In its Judgment Quatrini Ä¢¹½ÊÓƵDT/2020/043, the Tribunal found that the Organization failed to justify the non-renewal of the contract of the Applicant and that the decision to separate him from service was therefore flawed. The Tribunal further held, comparing the P-5 level position formerly encumbered by the Applicant with the one advertised in the Global Mechanism, that the two positions are essentially the same, the Tribunal thus drew the inference that the position still exists. In these circumstances, the Tribunal found that the most...

The Tribunal considered that the reclassification of the post encumbered by the Applicant did not follow Ä¢¹½ÊÓƵOPS Regulations and Rules concerning reclassification. It consequently found that the decision not to renew the Applicant¡¯s fixed-term appointment beyond 31 December 2017, taken only as a result of the said reclassification of the post, was unlawful. On remedies, this Tribunal found that the determination of the compensation in lieu between the minimum and the maximum provided by the Statute must take into account¡ªso graduating the amount accordingly¡ªthe specific circumstances of the case...

As the Applicant had effectively withdrawn his request for management evaluation, the application was not receivable ratione materiae under staff 11.2(a). Related

The various justifications given by the Administration suffered from inconsistencies and inaccuracies and not fully supported by the facts. However, the Tribunal finds that the Applicant failed to show that the decision was ill-motivated as alleged. The decision is unlawful. Reinstatement is not possible because the relevant office is closed. The Applicant did not prove that the harm was directly caused by the contested decision and therefore rejects his claim for moral damages.