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Receivability before the Ä¢¹½ÊÓƵCB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the Ä¢¹½ÊÓƵCB, the relevant staff member is required (¡°shall¡±) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to Ä¢¹½ÊÓƵCB: (a) to notify the United Nations authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the...

The Tribunal found that the Organization¡¯s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...

Receivability ratione materiae: The application is receivable ratione materiae if the applicant is contesting ¡°an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment¡± (art. 2.1 of the Statute) and if the applicant previously submitted the contested administrative decision for management evaluation, where required (art. 8.1(c) of the Statute).

The Applicant was informed in February 2007 that his promotion must follow a competitive recruitment process. The contention that he should have been promoted to the G-5 level at the time could and should have been challenged when the Applicant received formal notification of his retroactive promotion in October/November 2007. He did not. He also did not challenge the Respondent¡¯s letter of 6 May 2015.

The Ä¢¹½ÊÓƵDT found that the decision to deny the Applicant¡¯s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant¡¯s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...

Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at Ä¢¹½ÊÓƵFCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with Ä¢¹½ÊÓƵFCCC four years...

The Tribunal (a) granted the application in part, (b) rescinded the contested decision in part and replaced the excessive and unlawful disciplinary measure of dismissal with the lesser sanction of separation from service with termination indemnity; (c) ordered the judgment to be included in the Applicant¡¯s official status file and all references relating to the disciplinary sanction of dismissal to be removed from this file and to be replaced with the new sanction, namely separation from service with termination indemnity; and (d) in the event that the Respondent would decide not to rescind...

Filling of a vacancy by a lateral transfer: The choice of filling a post by lateral move¡ªwithout going through a fullfledged competitive selection process¡ªis provided for by sec. 2.5 of ST/AI/2010/3 and does not per se violate any of the superior rules prescribing the goal of ensuring the highest standards of efficiency, competency and integrity. Nevertheless, as any discretionary decision, such course of action must not be arbitrary, capricious, tainted by improper motives, based on erroneous or irrelevant considerations, procedurally flawed or resulting in a manifestly unreasonable outcome...

The Tribunal accepted the application in part. It awarded the Applicant one-month¡¯s net base salary for moral damages and two-months¡¯ net base salary for breach of her employment contract. The Tribunal found that the manner in which the Applicant was treated by the ESCWA management deserved compensation. The evidence showed that the Applicant was removed from her functions without prior notice. She was requested to turn over her security pass and leave the premises immediately. She was not allowed to enter the premises without authorization. In this regard, the Tribunal found that compensation...

The Tribunal dismissed the application on the merits.

It was not unreasonable to infer that on 3 July 2015, having gone through the rigors of a criminal judicial proceeding and having been acquitted of all charges, the Applicants became aware that there may have been breaches of the applicable rules governing their arrest and detention as United Nations staff members and the waiver of their immunities. The Applicants¡¯ causes of action in relation to the remedies for the alleged breaches of the procedures under A/63/331 and ST/AI/299 arose on 3 July 2015. Accordingly, pursuant to staff rule 11.2(c) the Applicants were, therefore, required to seek...

The Tribunal held that the Applicant¡¯s challenge in relation to the decision to cancel his administrative leave (¡°AL¡±) was without merit. The Tribunal reasoned that the evidence showed that the Applicant was placed on AL after Ä¢¹½ÊÓƵOPS had received allegations of intimidation, harassment and other misconduct against him in the Sudan office. The Applicant did not contest the decision to place him on AL but only the decision informing him that his AL had not been extended and that no disciplinary action was being taken against him regarding the allegations. Accordingly, the decision not to extend...

The Applicant did not conduct herself with the ¡°honesty and truthfulness¡± that was expected of her. The Tribunal further found that the Applicant placed herself in a position in which her interests conflicted with those of the Organization.

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.

The failure to consider the Applicant¡¯s e-PAS reports and to address them especially in the context of the disparity between its ratings and those of the Applicant¡¯s reporting officers on the same competencies and within the same organization was a serious flaw in the selection process. Ä¢¹½ÊÓƵDT was satisfied that the panel met its requirement of asking probing questions, even if the report reflected it as ¡°prompting¡± rather than ¡°probing.¡± The absence of an ex-officio member on the assessment/interview panel by itself could not vitiate the selection exercise. The Applicant¡¯s candidacy for the...

Pursuant to staff rule 3.17(ii), the Applicant was required to make a written claim to receive retroactive SPA ¡°within one year following the date on which [she] would have been entitled to the initial payment¡±. This request should have been made within one year of 1 December 2009, that is, by or before 1 December 2010. However, it was only on 5 September 2011 that the Applicant wrote an interoffice memorandum requesting an extension of her SPA at the P-2 level from 1 December 2009 to the then-present time to account for the additional functions that she had been performing. The Applicant...

The Tribunal dismissed the application as not receivable ratione materia.

The Tribunal held that the Applicant¡¯s intentional actions amounted to misconduct. Although the Applicant did not receive any money from the health insurance company, the mere fact that he attempted to defraud the company by knowingly submitting false information constituted a violation of staff regulation 1.2(b) and amounted to misconduct. Whereas the Applicant contended that his termination was disproportionate particularly in view of his 17 years of service to the Organisation and his continuous satisfactory performance, the Tribunal held that the disciplinary measure was proportionate to...

Disciplinary process and agreed separation: While the fact that an investigation for misconduct was ongoing was not in itself a basis for excluding the Applicant from consideration for agreed separation outright, as this was not one of the non-eligibility factors set forth in the relevant rules, the Administration was entitled to take into account the outcome of the investigation and subsequent disciplinary process when carrying out its consideration to award a discretionary benefit on to a staff member.

Accountability referral: The Tribunal referred the case to the Ä¢¹½ÊÓƵDP Administrator due to...

Due process rights: Disciplinary proceedings are of an administrative and not of a criminal nature, hence criminal law procedures do not apply. The Applicant¡¯s due process rights are contained in the relevant administrative issuances, under which rights such as the right to counsel and to be informed about the charges against him do only apply as of the moment the disciplinary procedure is initiated (charge letter), but not at the stage of the preliminary investigation. The right to cross examine witnesses does not apply at any stage of the administrative procedure, but only once the case is...