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The Ä¢¹½ÊÓƵDT found that the decision to take into account the Applicant¡¯s recent disciplinary record was not a new disciplinary sanction but an exercise of discretion with regard to a new and separate discretionary administrative process. The contested decision did not amount to unequal or unfair treatment of the Applicant as compared to staff members with existing permanent appointments. The Ä¢¹½ÊÓƵDT found that the Administration considered the Applicant eligible for consideration for conversion, but determined that he was not suitable for conversion in view of the recent disciplinary sanction...

The MEU received the Applicant's request for management evaluation on 7 May 2013. The Applicant was therefore required to file her application with the Tribunal within 90 calendar days from 6 June 2013, namely 4 September 2013. The fact that the MEU sent a response to her request for management evaluation on 26 June 2013, after the 30 day time limit does not have the effect of extending the relevant response period. The Applicant did not submit an appeal with the Dispute Tribunal within the required time limit. The application is not receivable and is dismissed.

The Applicant requested management evaluation as a result of the Registry of the Tribunal informing her that the absence of a request for management evaluation rendered her application incomplete. Ä¢¹½ÊÓƵOPS reviewed and responded to her request and rejected it on the merits. Ä¢¹½ÊÓƵOPS also added that her claim for permanent appointment was out of time. This case has to be distinguished from Simmons Ä¢¹½ÊÓƵDT/2013/15 where the Tribunal found that the Management Evaluation Unit accepted the request for management evaluation after a written request to and response from the Applicant as to the existence of...

The Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the Ä¢¹½ÊÓƵSU through a free and fair election process and his right to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 Ä¢¹½ÊÓƵSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not...

Any decision issued by the Advisory Board on Compensation Claims( ABCC) will be a new administrative decision which will supersede the one contested in the present case and which will be subject to this Tribunal¡¯s authority upon the filing of an application by either of the concerned parties.

The Applicant¡¯s letter of appointment stated that his appointment was subject to termination in the interest of the Organization, as determined by the Secretary-General. By signing his letter of appointment, the Applicant agreed that his appointment could be terminated, in addition to the reasons stated in the staff regulations and rules, this additional discretionary clause. The Tribunal considers that the determination of the interest of the Organization is the Secretary¡¯s General exclusive attribute and the circumstances under which the Secretary-General is to determine ¡°the interest of the...

The Ä¢¹½ÊÓƵDT found that the Applicant was unable to prove that the selection process was biased against him and that the consideration of his candidacy was marred by significant errors or procedural violations that would vitiate the selection process or resulted in a failure to give him proper consideration. The application was dismissed.

The Applicant submitted, inter alia, that as a result, his rights to free and fair elections and to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 Ä¢¹½ÊÓƵSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not safe, then the Applicant respectfully requests the Dispute Tribunal to order new...

The Applicant submitted that seeing that the Secretary-General of the United Nations does not have any authority over staff rules at the Ä¢¹½ÊÓƵJSPF, the Pension Fund is not precluded from employing a candidate that was rejected by OHRM. The Ä¢¹½ÊÓƵDT found that the Ä¢¹½ÊÓƵJSPF and OHRM correctly applied the legal provisions by considering that OHRM was responsible for administering the selection process for a post located in the Ä¢¹½ÊÓƵJSPF and that the Applicant was not eligible for the post due to the fact that he held a post at a G-4 grade whereas the post to which he had applied was at the G-7 grade, three...

The Applicant¡¯s separations from service were the result of the expiration of his fixed-term appointments in the natural course of business. There were no legal provisions or administrative decision requiring that the Applicant take any breaks in service between his FTAs. The time period between his separation from service on one FTA and his re-employment on another FTA, which was not followed by any type of reinstatement, results in the Applicant¡¯s continuity of service being broken. Therefore, one of the cumulative conditions of ST/SGB/2009/10, to have five years of continuous service before...