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Ä¢¹½ÊÓƵDT held that the request for management evaluation was not time-barred. Ä¢¹½ÊÓƵDT held that the rules and procedures applied to establish the Applicant¡¯s EOD date were due consequences of the fact that she had been reappointed in 2008. Ä¢¹½ÊÓƵDT held that the choice of reappointment as modality of the Applicant¡¯s move was borne out by personnel actions of separation and reappointment and acknowledged by her in the memorandum of understanding with respect to annual leave from 2008. Accordingly, Ä¢¹½ÊÓƵDT held that the matter was outside the temporal jurisdiction of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵDT held that the EOD date as...

Ä¢¹½ÊÓƵDT held that the Settlement Agreement was properly before Ä¢¹½ÊÓƵDT for its enforcement. Ä¢¹½ÊÓƵDT noted that there was no special procedure prescribed by the Ä¢¹½ÊÓƵDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. Ä¢¹½ÊÓƵDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. Ä¢¹½ÊÓƵDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

Ä¢¹½ÊÓƵDT held that the Application was not receivable because it was not filed on time. Ä¢¹½ÊÓƵDT noted that the Applicant had until 14 October 2018 to file his application with Ä¢¹½ÊÓƵDT and he did not do so until 7 November 2018. Ä¢¹½ÊÓƵDT dismissed the application as not receivable.

Ä¢¹½ÊÓƵDT held that it was a case in which the host country was not forthcoming or did not provide reasons which justified the PNG decision. Ä¢¹½ÊÓƵDT held that once the Organisation had verbally stated, determined and notified the Applicant that the allegations against her were not considered misconduct, it had a duty as per Hassouna (Ä¢¹½ÊÓƵDT/2014/094) not to change the terms and conditions of her contract. Ä¢¹½ÊÓƵDT held that the Secretary-General had the power to reassign the Applicant on an exceptional basis and should have done so. Ä¢¹½ÊÓƵDT held that, according to Hassouna, the Organisation could not resort to...

The Respondent complied with the audi alterem partem principle, which ensures that a party adversely affected by an administrative decision has the right to know, the opportunity to comment on, and the ability to answer the case against him or her. The Applicant was well aware of the complaints that were lodged against him, was confronted with each claim and responded thereto, was repeatedly warned about his unprofessional behaviour and performance issues yet failed to heed to these warnings. The decision not to renew the Applicant¡¯s contract due to poor performance was lawful. The Applicant¡¯s...

The case of misconduct against the Applicant was established by clear and convincing evidence. The Appeals Tribunal has previously made findings on staff members whose occupations within the United Nations system place them in ¡°positions[s] of trust¡± and held that a breach of that trust impacts negatively ¡°on the issue of proportionality.¡± Security officers within the United Nations system similarly occupy positions of trust, charged as they are with the protection of personnel and property of the United Nations. In established cases of theft, the sanction is usually severe. The sanction of...

Ä¢¹½ÊÓƵDT held that the Applicant had not met the evidentiary burden of showing that the Administration made an express and firm commitment in writing to extend his appointment and that conversely, the evidence showed that, in accordance with its Transition Plan, the Mission had no intention of maintaining the Applicant¡¯s post and proceeded with the downsizing. Ä¢¹½ÊÓƵDT held that the Report of the Advisory Committee on Administrative and Budgetary Questions did not require Ä¢¹½ÊÓƵOCI to renew the Applicant¡¯s appointment, neither did it alter Ä¢¹½ÊÓƵOCI¡¯s obligation to implement the phased drawdown in accordance...

Neither the intial placement of the Applicant on ALWOP nor any of its extensions could be separated; each extension of the same ALWOP decision triggered a challenge; of all the previous related decisions. The challenge of any extension of the ALWOP was a challenge of the entire continuum of ALWOP, previous or supsequent. The placement of the Applicant on ALWOP fell below the required threshold for the Respondent/decision-maker to show that exceptional circumstances existed to support it. It was unjust and unlawful to place the Applicant on ALWOP for twelve consecutive months. Ä¢¹½ÊÓƵDT ordered the...

The impugned decision did not fall under any of the exceptions; the Applicant, therefore, was required to submit a request for management evaluation. He did not do so. Thus, the application was not receivable.

it is undisputed that the Administration did not afford the Applicant written notice so he learnt about the non-renewal only upon the expiration of his fixed-term appointment. This practice, however, does not disable the right to seek review of the non-renewal decision by the Ä¢¹½ÊÓƵDT. The Tribunal considers that the objective factual element as to the non-renewal of the Applicant¡¯s appointment consists in the memorandum instructing the Applicant to commence his separation procedure, dated 4 January and delivered to the Applicant on 11 January 2016. Recalling that the Applicant sought information...