Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵDT found that the Applicant did not meet the requirements of staff rule 3.6 and ST/AI/2011/5 and could not claim dependent child status for her niece. The application was dismissed.

The application was rejected as being manifestly inadmissible and not receivable.

The Ä¢¹½ÊÓƵDT found that the Applicant chose not to submit her candidacy for this P-5 vacancy. Accordingly, the outcome of the selection process had no direct legal effect on the Applicant¡¯s terms of appointment. The Ä¢¹½ÊÓƵDT found that the Applicant lacked standing to contest the selection process. The application was therefore dismissed.

The Ä¢¹½ÊÓƵDT found, on the one hand, that Ä¢¹½ÊÓƵAMA decision to close the case given the conclusions of the investigation constituted a valid exercise of discretion by the Administration, and that the Organization did not breach the Applicant¡¯s rights by not sharing the full investigation report with her. On the other hand, the Tribunal found that Ä¢¹½ÊÓƵAMA failed to take diligent action with respect to the Applicant¡¯s complaint and that it incurred inordinate delays both in reviewing and assessing the Applicant¡¯s complaint and in setting up a fact-finding panel and conducting the investigation into her...

The application was rejected as not receivable ratione materiae.

Interpretation ¨C As held in Sidell 2014-Ä¢¹½ÊÓƵAT-489 and Abbasi 2013-Ä¢¹½ÊÓƵAT-315, the purpose of interpretation is not to determine the disagreement of an applicant with a judgment who wishes to reargue an appeal. Interpretation is only needed to clarify the meaning of a judgment when it leaves reasonable doubts about the will of the Tribunal or the arguments leading to a decision. But if the judgment is comprehensible, whatever the opinion the parties may have about it or its reasoning, an application for interpretation is not admissible.

The Tribunal rejected the application as being not receivable ratione materiae.

The Tribunal rejected the application as being not receivable ratione materiae.

Moral damages ¨C As held in Asariotis 2013-Ä¢¹½ÊÓƵAT-309, damages for a moral injury may arise from a breach of the employee¡¯s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed (be they specifically designated in the Staff Regulations and Rules or arising from the principles of natural justice). Where the breach is of a fundamental nature, the breach may of itself give rise to an award of moral damages, not in any punitive sense for the fact of the breach having occurred, but rather by virtue of...

The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable. Receivability: An application against a non-renewal of appointment becomes moot when the appointment is extended prior to or pending the proceedings before the Tribunal, since the contested decision is deprived of its effects. As a consequence, the application is irreceivable.

The decision was based on a restructuring exercise of the OOSA Office, Beijing, by which the Applicant¡¯s post, which was funded through contributions from the Chinese Government, was replaced by a level 4 Service Contract (SC-4 post). The Applicant claimed that this was irrelevant since her non-renewal was relating to concerns about her performance. The Applicant, whose letter of appointment was with the United Nations Development Program (¡°Ä¢¹½ÊÓƵDP¡±), had requested timely management evaluation with the Management Evaluation Unit at Ä¢¹½ÊÓƵ Headquarters. She had, however, filed a request for management...

A Graduate Certificate is not equivalent to a Bachelor¡¯s or Master¡¯s degree. The correspondence from the Charles Darwin University confirms that ¡°a graduate certificate does not replace, or is equivalent to a bachelor degree, it simply has similar entry requirements in terms of previous education or experience¡±. The Applicant therefore did not have a Master¡¯s degree or equivalent, or a first-level University degree. Removing the Applicant from the roster of preapproved candidates. When the Administration intends to deprive a staff member of a certain status or right that may otherwise have...

On the Appellants¡¯ motion for contempt and request to strike specific paragraphs from the Respondent¡¯s Answer, Ä¢¹½ÊÓƵAT found no basis to grant the relief sought but stated it would deal with the issue in the judgment. On the Appellants¡¯ complaints about the number of witnesses permitted to testify, Ä¢¹½ÊÓƵAT held that: insofar as the Appellants¡¯ sought to impugn the Ä¢¹½ÊÓƵDT judgment on the basis of the number of witnesses permitted to testify, there was no merit in such an argument and it found no error of procedure such as to affect the decision in the case; and there was no merit in the argument that...

The Tribunal provided guidance to the Applicant at a case management discussion and issued a clear warning that he risked facing an order for costs under art. 10.6 of the Dispute Tribunal¡¯s Statute if he was unable to present an effective challenge to the legal contentions set out in the Respondent¡¯s reply. The Applicant confirmed that he wished to proceed with his case and filed further submissions. The Tribunal found that the Applicant had no legal standing to contest the decision because (a) not being eligible to apply for the post, he had no stake in the administrative decision; and (b) he...

No request for management evaluation The Tribunal finds that the Applicant relies on a request for management evaluation that contested a different decision to the decision contested in his application. Indeed, the request for management evaluation that he relies upon was submitted prior to the date of the decision contested in his application.No standing as staff representativeThe Tribunal takes cognizance of the fact that the General Assembly considered and rejected a proposal to grant staff associations standing to bring applications before the Dispute Tribunal. The Applicant¡¯s arguments...

The Tribunal found that the Guidelines were not applicable to the recruitment of Ä¢¹½ÊÓƵLB GS local staff, because Ä¢¹½ÊÓƵLB is not an ¡°established mission¡± and, therefore, does not fall within their remit; additionally, the Guidelines were never duly issued at ULNB. In fact, given that Ä¢¹½ÊÓƵLB is not a peacekeeping operation or a special political mission, GS staff recruitments are covered by ST/AI/2010/3 and do not fall, as argued by the Respondent, in a lacuna of law,. The Tribunal further found that the time-in-grade requirements were abolished long ago and are contrary to norms of superior legal...

The Tribunal found that the application was not receivable rationae materiae and rejected it.

The Tribunal found that the application was not receivable because the Applicant did not have standing to bring a claim in accordance with arts. 2 and 3 of the Statute of the Dispute Tribunal. The application was struck out as manifestly inadmissible.

Receivability - The Application was found not to be receivable as the Applicant had failed to comply with the mandatory requirement of submitting a request to the Management Evaluation Unit before filing her Application with the Registry of the Tribunal.

The Tribunal found that the hiring manager acted on the basis of a flawed understanding of the role of competency-based interviews under ST/AI/2010/3 when he fettered his discretion by declining to recommend the Applicant for promotion based only on the result of his competencybased interview. Further, the hiring manager ignored relevant material when he did not take into account the Applicant¡¯s performance assessment reports, which indicated that he was ¡°outstanding¡± at teamwork.