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The Tribunal was not persuaded by the Applicant¡¯s argument that staff rule 9.2(b) should apply to her case because her resignation was not genuine and the Administration had set her up for resignation. Rather, it was apparent to the Tribunal that the Applicant¡¯s resignation was situational and a consequence of a combination of earlier decisions taken by the Applicant and the external factors. The Applicant overestimated the power of her newly acquired diploma on the job market which proved more difficult than she had expected. The Applicant made no inquiries concerning termination indemnity...

The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised ¡°with greater urgency ¡­ the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection¡±. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...

The allegations of soliciting and receiving money from several Ä¢¹½ÊÓƵMISS International Individual Contractors (IICs) were proven by clear and convincing evidence and that the established facts legally amounted to misconduct under the staff regulation 1.2(g) and staff rule 1.2(k) because in 2014 and 2015, the Applicant solicited and/or accepted monetary payments from the IICs knowing that these payments were being made because of assistance he provided or was believed to have provided in his position as a finance assistant with the Organization. In the absence of a request for management...

The Tribunal held that the application for revision was manifestly inadimissable because the Applicant did not bring to the attention of the Tribunal the existence of any new decisive fact which was unknown to the Tribunal or to himself at the time Judgment No. Ä¢¹½ÊÓƵDT/2016/059 was rendered. The issue of lack of investigation alleged by the Applicant was properly considered in Judgment No. Ä¢¹½ÊÓƵDT/2016/059.

Receivability: the Applicant could not separately challenge the decisions to abolish his post and to create a new one. This does not mean that the Applicant, while contesting his separation from service, cannot raise arguments touching upon prefatory steps taken in the process leading to such decision and which contributed to it. The need for the Tribunal to go beyond the examination of the decision not to renew the Applicant¡¯s contract is particularly acute in the present case, where the decision to abolish the Applicant¡¯s ARR(O) post and to create a new one cannot be dissociated from the...

The decision to deny the Applicant¡¯s claim for compensation can no longer be subject of a challenge before this Tribunal, because it ceased to have legal effect the moment it was rescinded by the decision-maker. Since the contested decision is no longer existing, the Tribunal cannot rule on the Applicant¡¯s case. The outcome of MEU is not of itself an administrative decision. Consequently, this Tribunal cannot pass judgment on it. Therefore, the Applicant¡¯s challenge against the outcome of the MEU review is not receivable. The lack of existence of a substantive matter makes any motion for...

The Tribunal held that the Applicant¡¯s claims relating to the performance evaluation of his FRO and his SRO¡¯s theoretical negative influence of future performance appraisals to the Applicant¡¯s detriment were not receivable because they either did not form part of the terms and conditions of his employment or had no direct legal consequences on his terms and conditions of employment. With respect to the negative comments and rating of the SRO in his 2015-2016 e-PAS, the Tribunal noted the successful roll-back of the e-PAS and concluded that there no longer existed a live issue because he had...

The Tribunal found that the standard of review in Kulawat, though it was applied in a case regarding conversion to a permanent appointment, can also be applicable mutatis mutandis to cases of continuing appointments because to be considered for either of the types of appointments staff members must fulfil certain eligibility requirements laid down in bulletins and administrative instructions. The Tribunal stressed that the existence of an ¡°expectation of re-appointment¡± between two short-term contracts does not in itself create ¡°a continuous service¡± in a staff member¡¯s employment. The...

The Tribunal decided that the application was filed out of time and was not receivable. The Tribunal found that the application which was filed on behalf of the incapacitated Applicant by her spouse, ought to have been filed within one year of 8 October 2014, that is, by 8 October 2015. It was instead filed on 23 March 2016, way out of time.

In the instant case, the Respondent showed that three available P-5 posts were identified as suitable to the Applicant¡¯s qualifications and experience and that he was invited to apply for them for consideration. If the Applicant had put a foot in the door by applying to any of them, then the next stage would have been for the Tribunal to examine whether Ä¢¹½ÊÓƵFPA selected a non-permanent staff member above the qualified Applicant thus denying the Applicant of the protections afforded him by staff rules 9.6(e) and 13(d). Good faith efforts on both sides means that both parties cooperate to identify...