Ä¢¹½ÊÓƵ

The present case concerns a rebuttal process that was initiated in accordance with section 15.1 of ST/AI/2010/5. On 12 June 2017, the rebuttal panel issued its report recommending that the administration maintain the original overall rating of ¡°partially meets performance expectations¡± and the Applicant¡¯s placement on a performance improvement plan. In accordance with section 15.5 of ST/AI/2010/5, the performance rating of ¡°partially meets performance expectations¡± became binding on the Applicant because of the rebuttal panel¡¯s recommendation of 12 June 2017. In light of the foregoing, the...

The application was not receivable because of the Applicant¡¯s failure to request management evaluation in good time.

Since the Applicant has not sought management evaluation of the alleged instruction for him to work for Warrior Security Limited Company or his allegations of harassment and retaliation in relation to the performance improvement plan, those claims are not properly before the Tribunal. Consequently, the decision to appoint another staff member at the same level as the Applicant¡¯s supervisor and FRO is the only decision that the Tribunal can entertain. Clearly, the Tribunal cannot reinstate an application that was withdrawn by the Applicant in 2015 and has no bearing whatsoever on the decision...

Receivability The contested decision, i.e., the decision taken by the Director, ID, OIOS, not to rearrange the Applicant¡¯s reporting lines is an administrative decision. In fact, reporting lines relate directly to the core of the employee-employer relationship and have an impact not only on the daily functions that the staff member performs but, also, on its evaluation and future career prospects. Hierarchy and reporting lines are an essential part of a complex normative framework for performance management, namely ST/AI/2010/5, and impact directly the staff member¡¯s terms of employment...

No submission or further correspondence was received by the Registry from the Applicant. The Tribunal, therefore, can only conclude that the Applicant was no longer interested in the pursuit and outcome of these legal proceedings, which was therefore deemed to have been abandoned, and this matter therefore stood to be dismissed for want of prosecution.

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...

The Tribunal noted that the Applicant did not identify any operative part of Judgment Massi Ä¢¹½ÊÓƵDT/2016/100 that would not have been executed. Furthermore, Judgment Massi Ä¢¹½ÊÓƵDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi Ä¢¹½ÊÓƵDT/2016/100 and was not related to any of the remedies...

The application was filed too late and is not receivable ratione temporis in accordance with art. 8.1(d)(i)(a) of the Dispute Tribunal¡¯s Statute.

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.

Regarding the Applicant¡¯s challenge to the decision not to return her to the post she previously encumbered, since the Applicant was transferred to another Organization, she no longer has any contractual relationship, and therefore any lien to a post, with the United Nations Secretariat from the date of the transfer. The only remedy that the Applicant seeks is the return to the post she previously encumbered or assignment to a suitable vacant position in New York, and the Tribunal cannot order such remedy due to the cessation of the Applicant¡¯s contractual relationship with the United Nations...

An inordinate delay in the rebuttal process of an appraisal may be a receivable ground for contesting an administrative decision, but is not an administrative decision, unless the Applicant demonstrates that it had, by itself, a direct and negative impact on a staff member¡¯s conditions of service. Thus, the Applicant needed to show that the delay in conducting the rebuttal process on her rating ¡°partially meets performance expectations¡±, by itself, had a direct and negative impact on her conditions of service. In this regard, the Applicant claimed that this delay negatively affected her...

The decision communicated to the Applicant on 29 March 2019 presents essentially the relief sought by the Applicant in his application dated 4 March 2019 and while the Applicant is still insisting on clarification from the Regional Service Centre in Entebbe (RSCE) as to the basis for the impugned decision, this neither minimizes nor negates the fact that the administration acceded to his request and rescinded the impugned decision altogether. The Applicant has not tendered any particulars or evidence to support, prove and/or explain his allegations of harassment, abuse of authority and mental...

Regarding the merits, the abolishment of a number of posts was decided by the; General Assembly. This decision is outside the Tribunal¡¯s jurisdiction. The SecretaryGeneral¡¯s role was to implement it through identifying particular posts for reduction. In the process, the Applicant¡¯s post was so selected, which entailed the decision on termination of his appointment. The Tribunal¡¯s cognizance extends over reviewing the appropriateness of the steps which led to this decision, however, in so far only as they are attributed to the Secretary-General. Prima facie, the Tribunal finds no reason to...

The fact that the Applicant was a staff member of Ä¢¹½ÊÓƵOPS when he applied for these contractor positions is not relevant to appreciate the receivability of the Applicant¡¯s claims since, in the four instant cases, he contests four decisions not to select him on non-staff positions.

The application is not receivable ratione temporis as it was filed after the statutory time limit under art. 8.1 of its Statute expired.

Was the investigation properly conducted? The alleged lack of transparency There were indeed ¡°exceptional circumstances¡± that justified the disclosure of the investigation report to the Applicant. Since the Applicant was granted access to the investigation report and all relevant documents at the judicial stage, prior to the hearing and in order to prepare for it, the Tribunal considers that the Applicant had the opportunity to have all the elements required to properly present his case before the Tribunal. While it would have been more appropriate for the Organization to provide the Applicant...

Under the revised Appendix D, a claimant wishing to contest a decision based upon a medical determination shall submit a request for reconsideration of the medical determination by a technical body. On the other hand, a claimant wishing to contest a decision based on considerations other than a medical determination shall submit a written request for management evaluation. The revised Appendix D makes either a reconsideration process under art. 5.1 or a management evaluation process mandatory. In other words, a claimant needs to request either a reconsideration of medical determinations or a...

The Applicant was initially informed of the contested decision by memorandum dated 3 June 2013 and admitted in her application that she did not request management evaluation of such decision. The 21 November 2016 response from the Chief, RSCE to the Applicant¡¯s request to be paid a relocation grant in relation to her transfer in 2013 is not a new administrative decision that ¡°resets the clock¡± for the purpose of requesting management evaluation. After having carefully reviewed the 21 November 2016 memorandum, the Tribunal concluded that it did not constitute a new decision since it did not add...

Decision 1 ¨C the Tribunal held that the Applicant failed to substantiate his claims of a flawed process and improper motives that led to his separation from service. The Tribunal concluded that the Applicant knowingly assumed the risk of not being able to secure another assignment or position before the expiration of his FTA on 31 March 2016 when he declined the offer to be recommended for the regular budget position in Rabat as well as declined the extension of his temporary assignment. Decision 2 ¨C the Tribunal concluded that the Respondent failed to follow proper procedure for the placement...

The Applicant consistently, throughout the proceedings, admitted the fact that sometime between December 2006 and January 2007, he had stated in his job application that he had no relative working for a public international organization, even though he was aware that at the time his brother was working for the United Nations. As such, the fact that the Applicant failed to disclose relevant information when he should have, is essentially not in dispute. Whereas the Applicant insists to calls his deed an ¡°oversight¡±, it is impossible to accept. By invoking the same justifications for not...