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Ä¢¹½ÊÓƵDT held that the Application was not receivable because it was not filed on time. Ä¢¹½ÊÓƵDT noted that the Applicant had until 14 October 2018 to file his application with Ä¢¹½ÊÓƵDT and he did not do so until 7 November 2018. Ä¢¹½ÊÓƵDT dismissed the application as not receivable.

Receivability The Tribunal found the application receivable ratione temporis. Merits The Tribunal considered that while the Administration has a duty of care vis-¨¤-vis its staff members in the management of the social security system and relevant entitlements, the system is based on certification and reporting, with the main responsibility for providing the Administration with the required medical certificates and reports lying on the staff member. Staff members must strictly comply with the legal requirements and provide complete material that contains sufficient precision, including the...

With the successful mediation process and subsequent withdrawal of this case, the case is closed.

For an application to be receivable pursuant to arts. 2 and 3 of the Tribunal¡¯s Statute, an Applicant has to contest an administrative decision alleging non-compliance with his or her contract of employment or terms of appointment.; At the time the Applicant applied for the contested post as well as at the time of the contested decision (non-selection), he was no longer a staff member. While he is a former staff member, the decision not to select him for the advertised post advertised was not linked to his (previous) contract of employment or terms of appointment with the United Nations...

Ä¢¹½ÊÓƵDT held that a plain reading of staff regulation 2.1 makes it clear that the Administration is obliged to provide a classification not only for the staff members but also for the posts that they are encumbering. Ä¢¹½ÊÓƵDT held that nowhere in Personnel Directive/1/94 it is as much as contemplated that a staff member at the GS-level, even on a short-term temporary appointment as the Applicant, could be hired against an unclassified post. Ä¢¹½ÊÓƵDT held that the administrative decision under review is clearly the decision by which the Applicant was recruited against an unclassified post when he was...

Ä¢¹½ÊÓƵDT found that on the date of the issuance of the disciplinary measure, as well as on the date when it was received by the Applicant, she remained subject to the Staff Regulations and Rules, which allow for the imposition of disciplinary measures. Ä¢¹½ÊÓƵDT held that the facts of the case demonstrate that the Applicant¡¯s actions were undertaken in a conflict of interest in violation of staff regulation 1.2(m). The actions also demonstrate lack of integrity in violation of staff regulation 1.2(b), which requires staff members to ¡°[¡­] uphold the highest standards of efficiency, competence and...

Due to successful inter partes settlement negotiations and the subsequent withdrawal of this case, the case is closed.

The ST/AI stipulates a condition attached to the entitlement of the payment of the balance of the relocation grant, namely that the payment of the balance of the relocation grant shall be made only when an extension of the assignment occurs at least six months prior to the expected end of the assignment at the duty station. The extension having occurred approximately three months before the end of the assignment, Ä¢¹½ÊÓƵDT held that the Applicant is not entitled to the balance. The fact that the Applicant submits that nobody advised him of this condition in January 2018, six months prior to the...

The issue of disclosing an investigation report is not new. It was, in fact, considered by this Tribunal in its judgments Adorma Ä¢¹½ÊÓƵDT/2010/205 and Haydar Ä¢¹½ÊÓƵDT/2012/201 as well as by Ä¢¹½ÊÓƵAT in judgment Ivanov 2015-Ä¢¹½ÊÓƵAT-519. In the latter, Ä¢¹½ÊÓƵAT entered into consideration of the non-disclosure of an investigation report despite the fact that the Secretary-General had questioned the Ä¢¹½ÊÓƵDT¡¯s jurisdiction over such a decision. The Organisation¡¯s obligations as stipulated in ST/SGB/2008/5 are an integral part of a staff member¡¯s contractual rights. They include the obligations of the Organisation and...

Ä¢¹½ÊÓƵDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. Ä¢¹½ÊÓƵDT held that ¡®Priority consideration¡¯ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

Ä¢¹½ÊÓƵDT held that the terms and conditions of the employment contract of a staff member are set forth in the letter of appointment and its express incorporation by reference of the Organization¡¯s Regulations and Rules and all pertinent administrative issuances. The Staff Regulations and Rules embody the conditions of service and the basic rights and duties and obligations of United Nations staff members. A decision relating to learning and development opportunities is an administrative decision subject to judicial review. Ä¢¹½ÊÓƵDT held that the standard operating procedure for the Ä¢¹½ÊÓƵ Leaders...

Ä¢¹½ÊÓƵDT held that the Settlement Agreement was properly before Ä¢¹½ÊÓƵDT for its enforcement. Ä¢¹½ÊÓƵDT noted that there was no special procedure prescribed by the Ä¢¹½ÊÓƵDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. Ä¢¹½ÊÓƵDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. Ä¢¹½ÊÓƵDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

Absent a prior request for management evaluation, the Tribunal may not consider the merits of the case.

Ä¢¹½ÊÓƵDT noted that the Administration bears the burden of establishing that an alleged misconduct for which a disciplinary measure has been taken against a staff member occurred. When termination is a possible outcome, misconduct must be established by clear and convincing evidence, which means that the truth of the facts asserted is highly probable. Is not the role of the Ä¢¹½ÊÓƵDT to conduct a de novo review of the evidence and place itself in the shoes of the decision-maker. The Tribunal was satisfied that the Applicant partook in the misappropriation of the material, which belonged to the...

The Tribunal concludes that the Hiring Manager erred in finding that the selected candidate¡¯s Master¡¯s degree was related to, and therefore relevant for, any of the required specifically mentioned areas (computer science, information systems, mathematics, statistics) and wrongly determined that she fulfilled the educational requirement.; The Tribunal concludes that an additional criterion was used to evaluate only the selected candidate for the post, namely field experience, and that this criterion was not included in the Job Opening and the Hiring Manager erred in finding that the selected...

The Administration decided to re-examine an earlier decision not to review the two job descriptions. The Applicant was notified that after multiple reviews it was decided that the two job descriptions would not be revised. The Applicant received notification of this final and unambiguous decision at a moment, which puts her request for management evaluation well within the deadline. The application is deemed receivable.

The Tribunal was of the view that, essentially, the Applicant attempted to create an administrative decision in an attempt to contest it. Whilst the approach discloses some imagination on the part of the Applicant, the absence of a response by the High Commissioner to the Applicant¡¯s request does not create any direct legal consequence for him. Thus, there is no administrative decision, directly or by implication, that the Tribunal would have jurisdiction to consider. The Applicant has no right to make an appeal in respect of matters to which he was not a party. Indeed, the Applicant did not...

The Tribunal has no general jurisdiction to review or supervise internal union affairs and has no competence to substitute, review or enforce any of the Arbitration Committee decisions. The Applicant¡¯s claim regarding the provision of the names of eligible voters to polling officers as referred to in the 4 January 2017 email broadcast is not receivable under art. 2.1(a) of the Dispute Tribunal¡¯s Statute. The Appeals Tribunal has held that the key characteristics of an administrative decision subject to judicial review is that the decision must be ¡°a unilateral decision taken by the...

An applicant must identify, or define, a specific administrative decision capable of being reviewed. The contested decision which may be reviewed by the Dispute Tribunal is not the Administration¡¯s response to the request for management evaluation, but the administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment of the staff member. When deciding the scope of the case, the Tribunal is not limited to the parties¡¯ own identification and definition of the contested administrative decision(s) and may, based on the submissions, seek...

Pursuant to ITC/EDB/2015/07, when a fact-finding panel is appointed, it shall investigate the complaint and ¡°prepare a detailed report, giving a full account of the facts that they have ascertained in the process and attaching documentary evidence¡± (sec. 5.18). The report shall be submitted to the Director, DSP, who will review it together with the related documentation and make a recommendation on the appropriate course of action to the Executive Director, ITC (see secs. 5.15, 5.18, 5.19 and 5.20). Seeking assistance from OIOS was a reasonable solution in the framework of ITC/EDB/2015/07...