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Ä¢¹½ÊÓƵAT considered the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former Ä¢¹½ÊÓƵAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. Ä¢¹½ÊÓƵAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT further noted that the Secretary-General...

The Applicant requests clarification as to which date should be considered his separation date from the IMO for purposes of determining his separation entitlements when the IMO Secretary-General opted for in-lieu compensation of 12 months¡¯ net base salary at the rate in effect in March 2016. His request for interpretation refers to the legal consequences of judgment No. 2017-Ä¢¹½ÊÓƵAT-782 regarding his separation date which goes beyond an application for interpretation of the meaning and scope of a judgment provided under Article 11(3) of the Statute and Article 25 of the Rules of Procedure. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in concluding that the Administration¡¯s decision to terminate the staff member was unlawful since it did not fully comply with its obligations under Staff Rule 9. 6(e) and (f) to take all reasonable and bona fides efforts to consider her for available suitable posts, as an alternative to the abolished one. Ä¢¹½ÊÓƵAT noted that the phrase ¡°suitable posts¡± is not defined in the Staff Rules and that nothing in the language of Staff Rule 9. 6(e) and (f) indicates that the obligation of the Administration to consider the redundant staff member for suitable posts, vacant...

Ä¢¹½ÊÓƵAT held that, when responding to requests for the waiver of an official¡¯s immunity, the Organisation must comply with its legal obligations to the requesting Member State under the relevant international instruments, which limit immunity to official acts and oblige the Secretary-General to cooperate at all times with the appropriate authorities to facilitate the proper administration of justice and to prevent the occurrence of any abuse in connection with the privileges and immunities. Ä¢¹½ÊÓƵAT noted that the Secretary-General is best placed to appreciate the nature of the Organisation¡¯s...

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/015 Corr. 1. Therefore, based on res judicata, the application was rejected as irreceivable.

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, Ä¢¹½ÊÓƵMISS Human Resources Section (HRS), the Ä¢¹½ÊÓƵMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant¡¯s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and Ä¢¹½ÊÓƵMISS/HRS owed a duty to the Applicant to advise him of the option...

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/022. Therefore, based on res judicata, the application was rejected as irreceivable.

The decision not to renew the Applicant¡¯s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant¡¯s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant¡¯s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant¡¯s fixed-term appointment, namely that she...

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/025. Therefore, based on res judicata, the application was rejected as irreceivable. Related

The question of existence of an administrative decision capable of being reviewed by the Ä¢¹½ÊÓƵDT in relation to the decision of 11 May 2017 had already been determined between the same parties by the virtue of final Judgment No. Ä¢¹½ÊÓƵDT/2018/024. Therefore, based on res judicata, the application was rejected as irreceivable.