±¬ÁÏÍø

Receivability: A decision which does not merely confirm a previous decision, but shows that in the meantime, efforts have been made by the Administration to find an alternative arrangement and sets a new deadline, may be considered as a new decision, which has the effect of setting a new time limit for requesting administrative review. In accordance with article 8.4 of the ±¬ÁÏÍøDT Statute, the three-year time limit cannot be extended, even in exceptional cases within the meaning of article 8.3 of the Statute. The Dispute Tribunal is not competent to hear the case under article 2.7 (transitional...

The Tribunal found that was no breach of former staff rule 109.3(a) or 109.3(c) and the applicant¡¯s due process rights were respected. Outcome: Application dismissed.

The respondent submitted documentary evidence showing that the applicant¡¯s post had been created, and the applicant recruited, specifically for the purpose of prosecuting the above-mentioned top Serbian leader. Accordingly, the Tribunal concluded that the decision to abolish the applicant¡¯s post and to terminate his fixed-term appointment had been taken in view of the necessities of service and constituted a proper exercise of the respondent¡¯s discretionary authority. Since it was established that the necessities of service justified the termination of the applicant¡¯s appointment, it was not...

While the change of the country of home leave referred to in ST/AI/367 is stated to be permanent, it is not unconditional, but subject to the Secretary-General being satisfied of the three specified conditions, which include its consistency with the purposes and intent of staff regulation 5.3.Former staff rule 105.3 gave internationally recruited staff the opportunity to take home leave to visit their home country at ±¬ÁÏÍø expense. Providing staff rule 105.3 (d) that the country of home leave shall be the country of the staff member¡¯s nationality, the logical corollary is that if a staff member...

The decision not to renew the Applicant¡¯s fixed-term appointment: The Applicant failed to comply with the two-month deadline stipulated in former staff rule 111.2(a) as he was formally notified of the non-renewal of his appointment on 4 February 2004 but did not request administrative review of the decision until 27 June 2008. Further, he failed to establish any ¡°exceptional circumstances¡± that prevented him from filing his application in a timely manner. The decision not to reimburse the Applicant for the travel costs he incurred as a result of his participation in the OIOS investigation: In...

Economic loss: Since the applicant was due to retire at the time the selection would have been made, his economic loss was the value of the salary and emoluments of an ASG, without any adjustment for the receipt of entitlements as a D-2 Director, which is a simple calculation of the gross earnings minus deductions, plus the respondent¡¯s subsidy contributions. Any actual income he made is adjusted against this amount. Pension: The pension calculation is more difficult. Two methods of calculation are open as the Pension Fund has stated it will not recalculate the applicant¡¯s pension: the first...

The decision to remove the Applicant from the position of Rule of Law Project Manager: The ±¬ÁÏÍø Charter expects all staff members to conduct themselves in accordance with the highest standards of efficiency, competence and integrity. Further, there is implied into every contract of employment a term of mutual trust and confidence between employer and employee, which means that both parties must act responsibly and in good faith. Where the employer acts unilaterally in removing an important part of the employee¡¯s functions, the employer would have repudiated the contract of employment. The...

Section 8.9 of ST/AI/1999/3 applies only to holders of fixed-term appointments. It is therefore not relevant to the applicant¡¯s case, as he held an indefinite appointment. Regarding the payments due, a clear distinction must be made between the termination indemnities, which are automatically due to the concerned staff member in the event of termination of his/her contract, as provided by the Staff Regulations and Rules, and the compensation package, which, in addition to that which is legally due, includes a certain amount that the administration chooses to give ex gratia; as such, it is...

In accordance with ST/AI/234/Rev.1, setting the normal number of working hours per week is a matter within the authority of the Executive Director of ±¬ÁÏÍøEP. Thus when he initially decided not to reduce the normal working hours in Paris, the Executive Director of ±¬ÁÏÍøEP acted within his discretionary authority. Since the applicants were legally required to work 40 hours per week from January 2006 to March 2007, their claim for 2.5 hours of overtime per week during that period is without merit. The applicants alleged discrimination, arbitrariness and bad faith on the part of the Administration in...

The applicant joined the Counter-Terrorism Committee Executive Directorate (CTED) of the United Nations in September 2005 on a two-year contract as a P-4 level legal officer. Between July 2006 and January 2007 the applicant was admitted to several hospitals to receive alcohol-related treatment and, in January 2007, she was medically evacuated to her home country and subsequently placed on special leave without pay. On 1 August 2007, the applicant was informed that her contract would not be extended beyond its expiration date of 2 September 2007. The applicant filed an appeal contesting the...