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The Ä¢¹½ÊÓƵDT found that the first case (Ä¢¹½ÊÓƵDT/NY/2015/038) was not receivable due to the Applicant¡¯s failure to comply with the relevant time limit for the filing of her request for management evaluation. The Ä¢¹½ÊÓƵDT found that the second case (Ä¢¹½ÊÓƵDT/NY/2015/038) was also not receivable as the Applicant¡¯s argument that her earlier evaluation request (to which she received no reply) should be considered as the applicable management evaluation request would have resulted in her application being time-barred by several months.

The Tribunal rescinded the contested decisions and awarded USD50,000 in non-pecuniary damages.

he Tribunal rescinded the decision not to grant the Applicant a continuing appointment and ordered the Respondent to grant the Applicant a continuing appointment retroactively from 7 June 2014. As the contested decision concerned a question of appointment, the Respondent was given the alternative option of paying the Applicant USD5,000 in compensation. The Applicant¡¯s request for moral damages was rejected.

After conducting case management and issuing a number of orders, the Tribunal considered that the Applicant had identified four decisions and/or issues for consideration: (a) a decision in 2010 in which she was denied the full period of annual leave that she had requested; (b) an implied decision or decisions not to provide her with a job description in a timely manner; (c) an implied decision or decisions not to reduce her workload despite awareness on the part of management that she was suffering from health issues; and (d) whether she should be awarded compensation for the effect of the...

he second case was filed to address the Respondent¡¯s contention that the first case was not receivable. The Ä¢¹½ÊÓƵDT found that the Applicant was not required to seek management evaluation since the impugned decision followed the completion of a disciplinary process. Pursuant to art. 8.1(d)(ii) of the Ä¢¹½ÊÓƵDT Statute, the Applicant was required to file his application with the Tribunal within 90 days from the date of notification of the contested decision. The Applicant, however, first sought management evaluation and subsequently missed the 90-day deadline for filing with the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵDT found...

The Ä¢¹½ÊÓƵDT found that MINUSTAH erred when it excluded the Applicant from the comparative review process. The Ä¢¹½ÊÓƵDT found that process should have included all staff for all available posts at the Mission after retrenchment, which was not done in this case. The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s rights were breached in that she was not reviewed by the comparative review panel against all the remaining posts in the new mission structure. The Ä¢¹½ÊÓƵDT found, however, that the Applicant¡¯s contract expired and was not terminated. The Ä¢¹½ÊÓƵDT found that the decision to separate the Applicant was lawful since it...

The Ä¢¹½ÊÓƵDT found that the main legal issue was whether ST/AI/2011/6 (Mobility and hardship scheme) applied to the counting of assignments that the Applicant undertook before the instruction went into effect on 1 July 2011. The Ä¢¹½ÊÓƵDT found that ST/AI/2011/6 could not be applied retroactively to assignments that took place before it went into effect. The Ä¢¹½ÊÓƵDT further found that the revised staff rule 4.8(b), which allows for different counting of the Applicant¡¯s assignments, was applicable only to assignments starting on or after 1 July 2009, and was not retroactively applicable to prior...

The Applicant requests revision of Ä¢¹½ÊÓƵDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

How to measure a loss of change. The Tribunal finds that, as stated in Niedermayr, the assessment of loss of chance is an inexact science, and the Tribunal must assess the matter in the round and arrive at a figure deemed to be fair and equitable having regard to the number of imponderables present in the case, including the chances of being selected. The Tribunal should take into account two matters: (a) the nature of the irregularity and (b), thereafter in the assessment, all the imponderables, noting all the while that this is an inexact science (Niedermayr). The Tribunal notes the...

No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.