Transferred JAB cases are governed by the Ä¢¹½ÊÓƵDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the Ä¢¹½ÊÓƵDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.
Pursuant to Article 10.1 of the Rules of Procedure, a respondent that fails to file its reply on time is barred from taking part in the proceedings, except with the permission of the Dispute Tribunal. In this particular case, to attain a fair and expeditious disposal of the case and to do justice to the parties it was necessary for the respondent to file a reply. Outcome: The judge exercised her discretion pursuant to Articles 10.1 and 19 of the Rules of Procedure to grant leave to the respondent to take part in the proceedings and to file its reply out of time.
Ä¢¹½ÊÓƵDT found that the applicant could not be recruited from his general service post to the professional level without undergoing the required examination. The Ä¢¹½ÊÓƵDT awarded three-months salary as compensation for the distress caused by the Organization.
Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration¡¯s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...
On consideration of the totality of the applicant¡¯s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.
The applicant¡¯s supervisor should have recused himself from the Management Review Group (MRG) that reviewed the performance reports to avoid conflict of interest. However, this procedural irregularity was mitigated by the subsequent report of the Rebuttal Panel. Outcome: Respondent to pay the applicant the equivalent of one-month net base salary for suffering and stress.
The meaning of any legislative provision is ascertained by the meaning of its words in the light of the intention of the rules as a whole. Where the wording of an instruction suggests that no exception is permitted, a number of common law jurisdictions have found the mandatory or directory dichotomy inappropriate.To establish the meaning and intention of a Ä¢¹½ÊÓƵ provision the relevant context is the hierarchy of the Ä¢¹½ÊÓƵ¡¯s internal legislation. This is headed by the Charter of the Ä¢¹½ÊÓƵ followed by resolutions of the General Assembly, staff regulation and rules, Secretary- General bulletins and then...
The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...
Ä¢¹½ÊÓƵDT found that the applicant¡¯s case was limited to the amount of adequate compensation for the failure to adequately and timeously consider his complaint and that his other claims, including with respect to the termination of his appointment, were not properly before it. Ä¢¹½ÊÓƵDT found that the Administration was required¡ªbut failed¡ªto undertake an adequate and timeous initial inquiry into the applicant¡¯s allegations. Ä¢¹½ÊÓƵDT found that the applicant substantiated his claims of emotional distress and injury and must be compensated for it. However, Ä¢¹½ÊÓƵDT found that the applicant failed to show that...
The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all Ä¢¹½ÊÓƵ staff members were to be ¡°considered first¡±, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a Ä¢¹½ÊÓƵ staff member and the applicant challenged the decision to appoint them. At around the time of the applicant¡¯s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...
