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Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

The application is not receivable. The management evaluation request was not receivable because the Applicant did not file a timely request for management evaluation of the contested decision.

The Tribunal found that the Applicant had been notified of his placement on special leave without pay in August 2018 and he requested for management evaluation on 6 July 2019, almost a year after the contested decision was communicated to him. The request fell way out of the 60-day deadline. The application was accordingly dismissed as not receivable.

Considering that the Respondent did not contest the merits of the allegations as set out in the applications, the Tribunal found that the contested decisions, i.e., to remove the Applicant from his position, to place him on SLWFP and not to renew his appointment were unlawful. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. The Tribunal considered that the decision to remove the Applicant from his position was, in fact, subsumed in the ultimate decision not to renew his fixed-term appointment. Therefore, having found that both decisions...

There is nothing in the wording of sec. 2.5(a) that prescribes for ruling out of the count of one-year assignments that were preceded by an assignment that lasted less than a year. Accordingly, even though the prior assignment of nine months in Cairo did not itself count as an assignment, the following period in Tripoli, which was for one year, fully meets the requirements to be counted as an assignment. The Tribunal finds that there is no room to interpret the relevant provisions to claim, like the Respondent does, that his return to Tripoli in April 2012 should be considered as a...

The Applicant¡¯s conduct was in violation of staff regulation 1.2(b) and rule 1.2(f) and constitutes misconduct. The Tribunal found that the Applicant did make efforts to persuade her supervisee to forego attempting mediation to resolve their interpersonal disputes and threatened that mediation could adversely affect her supervisee¡¯s career. In particular, the Applicant implied that should her supervisee pursue mediation, her supervisee would develop a bad reputation and that mediation lacked confidentiality. The Applicant further indicated that there may be a negative impact on the chances of...

The Applicant¡¯s conduct was in violation of staff regulation 1.2(b) and rule 1.2(f) and constitutes misconduct. The Tribunal found that the Applicant did make efforts to persuade her supervisee to forego attempting mediation to resolve their interpersonal disputes and threatened that mediation could adversely affect her supervisee¡¯s career. In particular, the Applicant implied that should her supervisee pursue mediation, her supervisee would develop a bad reputation and that mediation lacked confidentiality. The Applicant further indicated that there may be a negative impact on the chances of...

Having reviewed the motion, the Tribunal found that it raised a preliminary issue of jurisdiction which it addressed sua sponte and found the application not receivable ratione materiae. The application did not fall under any of the stipulated exceptions to obtaining a management evaluation as a first step to invoking the powers of the internal justice system.

Pursuant to staff rule 9.6(c), the Secretary-General may terminate the appointment of a staff member who, like the Applicant, holds a continuing appointment in accordance with the terms of the appointment on the grounds of ¡°unsatisfactory service¡±. The Secretary-General has delegated this authority to the Under-Secretary-General for Management (USG/DM) according to annex IV on delegation of human resources authorities to ST/SGB/2019/2 regarding delegation of authority in the administration of the Staff Regulations and Rules (see p. 21). No exception to this delegation of authority is made...

The issue raised in the application was not submitted for management evaluation. The application is not receivable. Related

The application is rejected. Ä¢¹½ÊÓƵ Women, in denying the Applicant¡¯s request for an ex gratia payment in lieu of Special Post Allowance, did not exceed its authority. Ä¢¹½ÊÓƵ Women did not fail to properly apply staff rule 12.3(b) as the requested ex gratia payment was a matter that could not be treated as an exception to the Staff Rules by applying staff rule 12.3(b). Additionally, under Ä¢¹½ÊÓƵ Women¡¯s Financial Regulations and Rules, the request made by the Applicant does not fall within the parameters for an ex gratia payment. There is no basis within the regulatory framework for further reward by way...

The Applicant did not challenge the non-renewal of her fixed-term appointment. As the Applicant held a fixed-term appointment which expired, staff rules 9.6(e) and (f) do not apply. Therefore, the Administration had no obligation to make efforts to retain the Applicant. The application is therefore not receivable.

The case is moot since a cheque for the reimbursement of a dental claim was already issued prior to the filing of this application. There is no longer any administrative decision to be contested, and the dispute is resolved. It appears that the only remaining issue is an arrangement to make a payment of the bank fee by issuing a cheque or transferring money to the Applicant¡¯s account. This is not a legal question for the Tribunal to adjudicate upon. Regarding moral damages, she has failed to provide any evidence to support her claim of moral damages in either her request for management...

The Tribunal rejects the application as not receivable. The Applicant¡¯s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.

The Applicant timely requested management evaluation of the contested decision and has met the procedural requirements to have this Tribunal adjudicate her case. The application is therefore receivable ratione materiae. The Tribunal considered that from provisions in ST/AI/2010/5 and ST/AI/2010/4, derives a general principle to complete performance evaluations before separation applicable also to staff members holding a fixed-term appointment. The Tribunal found that the Organization had to make a balancing exercise of the Applicant¡¯s different performance results and could not simply act as...

The facts on which the disciplinary measure was based were established because the Applicant rendered himself publicly drunk over several hours, embroiled in a bar fight, was twice detained by the local police, went out to a bar after curfew drove a Ä¢¹½ÊÓƵ vehicle while he was legally drunk based on MINUSCA¡¯s zero tolerance policy refused to stop and exit the Ä¢¹½ÊÓƵ vehicle when signaled by MINUSCA Security Officers, including his superior drove in a dangerous manner. The established facts legally amounted to misconduct because the Applicant¡¯s actions, which included public drunkness, becoming...

The Tribunal found that the Applicant identified the contested decision as ¡°misconduct allegations¡± made against her. It was clear that the Administration was yet to take a decision whether or not to discipline her. Allegations of misconduct are only a prefatory act, from which no direct consequences stem for the terms of the Applicant¡¯s employment. Accordingly, the application was found not receivable for want of a reviewable administrative decision and it was dismissed.

The Tribunal held that the facts arose from the Applicant¡¯s former employment relationship with Ä¢¹½ÊÓƵHCR. Accordingly, the Tribunal found the application to be receivable.