The Applicant was not qualified to address 蘑菇视频DT because, at the time of the disputed facts, she was neither a serving nor former staff member within the meaning of Article 3.1 of the 蘑菇视频DT Statute. 蘑菇视频DT accordingly disclaimed jurisdiction in this case and dismissed the application.
The 蘑菇视频DT found that the decision of USG/DM was proper and lawful because the Applicant did not possess a University degree or the relevant experience as set out in the Vacancy Announcement (VA) of the post to which he had applied. While the VA required an Advanced University degree or a first level University degree with a relevant combination of academic qualifications as well as at least seven years’ experience in administration and human resources or financial/ budget operations, the Applicant had none of these. Equivalence of qualifications to University degrees: Considering that United...
The Tribunal finds, inter alia, that no international labour standards or the United Nation’s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal’s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...
Placement on SLWFP: The Tribunal held that there was ample evidence that the underlying rationale behind the placement of the Applicant on SLWFP related to misconduct and as such, his suspension cannot be justified under former staff rule 105.2(a)(i) since the Respondent did not have the requisite authority to place him on SLWFP in the context of an investigation. The Tribunal concluded that the Respondent’s placement of the Applicant on SLWFP was in actuality a suspension from service pursuant to former staff rule 110.2 and section 6 of ST/AI/371. Due Process: The Tribunal held that the scope...
Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if he intends to put forward a different version of events from that given by the claimant, he...
The 蘑菇视频DT found that the Application and the claims contained in it were time barred and not receivable. Time Limits: It is an Applicant’s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the United Nations and ignorance cannot be invoked as an excuse for filing out of the stipulated time limits. Applicants must strictly adhere to procedural requirements prior to the commencement of formal litigation proceedings.
Improper motives: Whilst it is permissible for the drafters of a job opening to deviate from previously established evaluation criteria where circumstances demand it, the deviation must not be actuated by bad faith or improper motives. The Tribunal concluded that the deviation from the established criteria in this case with respect to the subject Job Opening No. 21952 was informed by the desire of the incumbent of the post with the active support of the Hiring Manager to ensure that the recruitment process in respect of the Job Opening was aborted and she was retained in service beyond the...
Selection processes: An appointing officer may decline to make an appointment where a selection process is marred by irregularities. It is within the competence of a program manager to set up a new interview panel where an initial interview panel has failed to properly discharge its mandate. While a candidate to a post has no right to be selected, he or she has every right to be fully and fairly considered for the post.Recommendation for a post is not the same thing as selection; while there is discretion in selection, there is no discretion in recommendation. Central Review Bodies: The...
The 11 percent increase in the US Embassy salaries from June 2008 were properly factored into the calculations, but the 2010 increase fell outside the data range for the collection and consideration of data for the 2010 review. There was no evidence of ill motivation or breaches of the relevant rules and guidelines by the Administration.; The Administration did not breach any of the provisions of the Manual when it reached the decision concerning family expenditure surveys. The Office of Human Resources Management used the correct criteria for deciding if a spousal allowance should be created...
MEU’s decision was issued one month after the deadline for its issuance. 蘑菇视频DT held that the Applicant could not be penalized for MEU being dilatory in its obligations. 蘑菇视频DT held that this matter must properly be found to be receivable. 蘑菇视频DT refused the Respondent’s request to have the Application dismissed on grounds of receivability.
