Request for reconsideration of an administrative decision - According to the applicable rules and consistent with the principle of expeditiousness in administrative proceedings, a request for reconsideration of the decision by the first instance administrative organ does not have a suspensive effect on the deadlines for management evaluation.
Receivability - Article 7.4 of the 蘑菇视频DT Rules of Procedure requires that any application seeking to enforce the terms of a settlement agreement must be filed within 90 calendar days of the last day for implementation as specified in the agreement and where dates for the implementation are not stated, the application must be filed within thirty calendar days of the signing of the settlement agreement.An examination of the Settlement Agreement between the parties shows that no date was stipulated for its implementation. Any application challenging it must therefore be brought within 30 days...
Compensation for moral injury - A staff member whose fundamental or other rights are infringed upon by the agents of the Respondent is entitled to have an effective remedy granted by this Tribunal. The Administration’s duty to respect fundamental human rights - What happened to the Applicant in the process of her forced eviction by the agents of 蘑菇视频MISS in the morning of 11 November 2011 constituted not only human rights violations but also criminal and civil wrongs. The forceful and unlawful eviction additionally violated Article17 of the International Covenant on Civil and Political Rights...
Administration’s discretion in constituting interview panels for temporary appointments - It is within the discretion of the Administration as to how the interview panel for a temporary position is constituted as long as the composition of the said panel is consistent with the requirements of ST/AI/201/4/Rev. 1.
Findings of fact by the Appeals Tribunal – As a matter of general principle, it is not permissible for the Tribunal to question a finding of fact or a ruling on the law as set down by the Appeals Tribunal. Receivability – A staff member who raises a credible claim which needs to be tested ought not to be shut out at a preliminary stage. There is a difference between a claim that is clearly not receivable because it does not challenge an administrative decision within the meaning of art. 2.1 and a claim which on the face of it raises an apparently credible challenge that a decision of general...
Decisions of the General-Assembly - A decision of the General Assembly is binding on the Secretary-General who has a duty to implement it. The Applicant lacks the capacity to challenge the non-renewal of her appointment in so far as it is properly implemented in consequence of the General Assembly’s decision to abolish it. Interpretation of section 3.7 (b) of ST/AI/2013/4 - Section 3.7 (b) does not envisage a situation of post abolishment. The said section contemplates a situation where the post formerly encumbered by a former or retired staff member continues to exist and the separated staff...
The Applicant, as a former Service Contractor, does not have standing to submit an application to the Tribunal pursuant to article 2.1 and 3.1 of the Tribunal’s Statute.
Although the proceedings of the rebuttal panel had been completed and notified to the Applicant in July 2011, he did not move the Tribunal to waive the deadlines pursuant to art. 35 of the 蘑菇视频DT Rules of Procedure. The Applicant was required to submit a request for management evaluation but he did not do so.
The 蘑菇视频DT found that the Applicant’s substantive post has not existed for the past two years and that the Applicant has temporarily encumbered vacant posts to which he was not recruited since then, it is evidently too late in the day to challenge the abolition of his post which took place in 2013. General Assembly Resolutions - To the extent that the decision to abolish the Applicant’s post was that of the GA, this Tribunal lacks jurisdiction to review the said decision.
Role of Managers in the United Nations - A manager in the United Nations Organization is not supposed to set his or her supervisee up for failure as was done in this case. Rather, the manager has a duty to help the supervisee by affording him or her opportunity to improve in any area that his or her performance is found unsatisfactory. Duty to give reasons for non-renewal - The Respondent has a duty to provide reasons for the non-renewal of contract when requested by the affected staff member. The reasons proffered by the Respondent for the non- extension of the Applicant’s TA contract are not...
