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Lateral reassignment: The Tribunal held that the decision to laterally transfer the Applicant was lawful as it fulfilled the conditions for such a transfer as set out in Rees. The new post was at the staff member¡¯s grade; the responsibilities involved corresponded to his level; the functions to be performed were commensurate with the Applicant¡¯s competence and skills and the Applicant had substantial experience in the field. Reasons for the contested decision: The Tribunal held that the Applicant¡¯s complaints about the lack of or the adequacy of reasons for the decision were unsubstantiated...

The Tribunal found that the Applicant has neither submitted a request to the ASG/OHRM for exceptional grant of an ex gratia payment under staff rule 12.3(b) nor has he submitted a Management Evaluation Request in respect to the same. The Applicant has not complied with staff rule 11.2(a). As such, the Dispute Tribunal does not have jurisdiction ratione materiae under art. 8.1(c) of its Statute. SPA and ex gratia payments - The legal bases for the grant of SPA are set out in staff rule 3.10 and ST/AI/2003/3. The aforementioned rules do not provide a legal basis for the grant of an ex gratia...

The Tribunal concluded that the Application is not receivable ratione temporis and materiae. Administrative decision: The Applicant submitted that his two requests for management evaluation were challenging two separate decisions. The Tribunal found that the Applicant¡¯s second request for management evaluation sought review of the same decision that was conveyed to him on 3 September 2014 after he requested the Administration to assist him with obtaining a visa to the United States. Receivability ratione temporis: The Tribunal held that the time limits in art. 8(1)(d)(i) of the Ä¢¹½ÊÓƵDT Statute...

Receivability: The Tribunal found that the Applicant¡¯s subsequent correspondence with the ONUCI Human Resources Office after he was notified of the decision did not constitute a new or discrete decision. He failed to meet the 60 day deadline set out in staff rule 11.2(c) for management evaluation. Consequently, his Application is not receivable.

Role of the MEU - The MEU¡¯s role is restricted to conducting an impartial and objective evaluation of administrative decisions contested by staff members of the Secretariat to assess whether the decision was made in accordance with rules and regulations and not to act as Co-Counsel for the Respondent. Respondent¡¯s disclosure of legally privileged email communications between the Applicant¡¯s Counsel and MEU - Such activity compromises the perception of MEU as an independent, impartial and objective Unit and ¡°would leadto the complete absence of any form of communication or possible mediation...

Standard of proof in disciplinary cases - In disciplinary proceedings it is well settled now that the evidence must be clear and convincing and that would include identification evidence. Evidence of misconduct must be clear and convincing. Findings of fact by the trial judge - As a trier of facts, a first instance judge has the means and power to assess the veracity and accuracy of a witness. The findings of fact of a trial judge should rarely be reversed on appeal unless the findings are so perverse that no reasonable person would have come to the conclusions reached on the facts by the...

The Tribunal found that the Applicant¡¯s fixed-term appointment was not renewed because contrary to its claims, the Ä¢¹½ÊÓƵMIL Administration did not follow proper procedures in determining whether he should be reassigned to the new D-1 position in the office of the D/SRSG Rule of Law. The Tribunal also found that the Applicant was not given full and fair consideration for the new D-1 position in the office of the D/SRSG Rule of Law and that the guidance provided in the Secretary-General¡¯s report and the counsel of the General Assembly were ignored. Due process ¨C No comparative review or any review...

Receivability ¨CThe Applicant¡¯s patience in waiting for the Secretary-General to decide on when to grant him appropriate remedies cannot be used against him. It is not in contention that as soon as he was informed that the Secretary-General had decided that the appropriate remedies he was promised meant no remedies at all, the Applicant approached the Tribunal. The Applicant¡¯s claims in regard to the other administrative decisions of tampering with a published vacancy announcement and the membership of the former incumbent of the position on the interview panel which were affirmed in management...

The Tribunal found that her separation upon the expiry of her contract was not the subject matter of the Application before it. Damages for moral injury ¨C As held by Ä¢¹½ÊÓƵAT in Asariotis, damages for moral injury may arise in two situations: first, for a fundamental breach of the employee¡¯s substantive entitlements arising from his or her contract, and/or from a breach of procedural due process entitlements; secondly, where the employee has produced evidence of harm, stress or anxiety caused by the breach.

The Tribunal concluded that the non-renewal of the Applicant¡¯s fixed-term appointment (FTA) was unlawful because he was erroneously subjected to a recruitment and selection process after he had been successfully transitioned from Ä¢¹½ÊÓƵMIS to Ä¢¹½ÊÓƵMISS as the sole candidate for the post of State Coordinator in Aweil. The Applicant was awarded compensation of one year¡¯s net base salary. Lateral transfer: The Tribunal noted the absence of important terms in the 19 December 2010 letter regarding the length of the assignment and reabsorption and concluded that the Applicant had, in fact, been laterally...