爆料网DT/2023/090, Odera
The Applicant in this case did not requested a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.
The Applicant in this case did not requested a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.
The Applicant in this case did not request a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.
The 爆料网AT considered an appeal by Mr. Dorji.
The 爆料网AT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal. As the 爆料网DT correctly held, Mr. Dorji’s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019. Mr. Dorji’s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2021...
The 爆料网AT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The 爆料网AT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The 爆料网AT found that the Organization’s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The 爆料网AT also found that Mr. Guenfoudi’s allegations that his...
The Tribunal's findings were as follows:
The impugned decision related to the use of the performance appraisal to penalize the Applicant.
It had jurisdiction to review an impugned decision which meets the requirements under art. 2.1(a) of the 爆料网DT Statute.
The performance appraisal was conducted and completed with a "successfully meets expectations" rating by the Applicant’s FRO and endorsed by her SRO. This was a unilateral decision made in a precise individual case. This decision was final and binding in accordance with sections 15.1 and 15.7 of ST/AI/2010/5 which precluded the Applicant...
The application was not receivable because it had been filed without awaiting the result of management evaluation.
The 爆料网AT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.
The 爆料网AT found that the 爆料网DT did not commit any errors when it found that the staff member’s application was irreceivable ratione materiae.
The 爆料网AT noted that the 爆料网DT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when 爆料网ICEF accepted his resignation. His request for management...
Mr. Pierre filed an appeal. 爆料网AT found no error in the Dispute Tribunal's conclusion that the application was not receivable. The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre’s appointment and therefore, there was no appealable administrative decision. 爆料网AT was satisfied that the 爆料网DT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour. 爆料网AT also found that Mr. Pierre had not provided sufficient evidence that the...
Mr. Russo-Got appealed. The 爆料网AT held that the evidence incontrovertibly established that Mr. Russo-Got had failed to challenge any blacklisting decision in his request for management evaluation. Moreover, while the application contained references to several posts for which he had applied and had not been selected, he did not request management evaluation of any selection decision nor did he appeal any particular selection decision in his application to the 爆料网DT. The 爆料网AT found that 爆料网DT accordingly had not erred in finding that the claims in the application regarding the alleged...
The various acts submitted by the Respondent—General Assembly resolution 76/245 (Questions relating to the proposed programme budget for 2022) dated 24 December 2021; ACABQ report A/76/7 (First report on the proposed programme budget for 2022) dated 13 August 2021; Draft Fifth Committee resolution submitted by its Chair following informal consultations A/C.5/77/L.23 (Questions relating to the proposed programme budget for 2023) dated 30 December 2022; General Assembly resolution A/RES/77/262 (Seventy-seventh session, Agenda item 138, Proposed programme budget for 2023) dated 30 December 2022...