The Ä¢¹½ÊÓƵDT found that the decision of ESCAP to employ the external candidate on the maternity leave post, prior to advertising the vacancy, for the initial period of 1 February to 31 March 2011 and for one more month subsequently, while the selection process for the maternity leave post was ongoing, was lawful. The application was dismissed.
The recovery was made on the basis that the Applicant did not complete the expected period of three months of service in Ä¢¹½ÊÓƵOCI upon return from his home leave. The Respondent submitted that the application was not receivable as the Applicant¡¯s request for management evaluation and application with the Ä¢¹½ÊÓƵDT were not filed within the filing deadlines. The Ä¢¹½ÊÓƵDT found that the Applicant having been found in Egglesfield Ä¢¹½ÊÓƵDT/2012/208 to be in continuous service, his employment remained continuous beyond three months after his return from home leave and any recovered lump sum for home leave should...
The Ä¢¹½ÊÓƵDT found that the application was not receivable as the Applicant failed to request a management evaluation of the contested decision. The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s communications with the Human Resources Management Section of the United Nations Office in Vienna in July 2012 did not amount to a request for management evaluation, and even if they were accepted as such a request, it would have been out of time by approximately three months.
The new system consists of a modernization of the system in place and does not change the staff members pre-existing obligation to accurately reflect their working hours. The Applicant has not provided the Tribunal with any persuasive arguments that would result in it to consider that the implementation of the Flex Time System infringed on either his contract of employment or his terms of appointment. The implementation of a practice, which is used to address specific needs of a department, does not become discriminatory solely due to the fact that other departments within the Organization do...
The Applicant has not requested any damages or a modification of the contested sanctions but rather only their rescission. The Tribunal considers that the level of disciplinary measures that were finally applied against the Applicant were taken in accordance with the rules and therefore there are no rescindable decisions. The Tribunal can also not award a remedy that was not requested by the Applicant with regard to any delay in the proceedings or the original sanction which has since been modified to comply with the jurisprudence of the Tribunal. The application is dismissed.The Ä¢¹½ÊÓƵDT found...
The withdrawal request was filed more than two years after the initial application and prior to it the Applicant never requested a joinder of the present case and Case No. Ä¢¹½ÊÓƵDT/NY/2012/070. The Applicant did not present sufficient legal grounds to grant his request for joinder. Although the Tribunal no longer needs to make a determination on the merits, the present decision represents a final disposal of the matter and the Tribunal will consider it withdrawn in finality, including on the merits. The application is dismissed in its entirety without liberty to reinstate. There are no exceptional...
Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The Applicant filed a motion withdrawing his application and requesting that the case file be placed under seal. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate. The Ä¢¹½ÊÓƵDT found that, given the already confidential status of the Tribunal¡¯s case files, the Applicant¡¯s request to place the case record under seal need not be granted. However, the Ä¢¹½ÊÓƵDT ordered that, taking into consideration the particular circumstances of this case, the Applicant¡¯s name be redacted from the Judgment.
The application was withdrawn by the Applicant. The Applicant's request for redaction was granted in part and his name to be redacted from the judgment.
