±¬ÁÏÍø

Submissions on new issues after the trial, re-opening of litigation: Parties will not be permitted to re-open substantive litigation after the Tribunal has already rendered its judgment on liability and is dealing solely with the issue of compensation.The Tribunal will take into account the staff member¡¯s earnings during the relevant period of time for the purpose of calculating compensation.Interest for lost salary: Lost salary should be subject to interest on the basis that it would have been paid in separate monthly installments, with interest on each installment calculated in accordance...

Regulatory decisions v. individual administrative decisions: An applicant may plead the unlawfulness of a regulatory decision only in the context of an appeal against an individual administrative decision taken on the basis of such regulatory decision. The Tribunal may not rescind a regulatory decision.

Award of allowances: The award of an allowance is contingent upon the existence of a written text. The fact that, in breach of the applicable provisions, the Administration granted the end-of-service allowance to staff members who were in the same situation as the Applicant cannot serve as a basis for awarding the allowance to her. Applicability of national laws: National legislations are not directly applicable to ±¬ÁÏÍø staff members, and it is for ±¬ÁÏÍø authorized bodies to implement such legislation into the internal laws of the ±¬ÁÏÍø. Judicial review: The Tribunal has no jurisdiction to interpret...

The Tribunal found that the application was receivable ratione temporis but rejected it on the merits, on the ground that the post whose functions the Applicant carried out was not vacant or temporarily vacant within the meaning of ST/AI/1999/17. The Tribunal further rejected the Applicant¡¯s request for moral damages. Receivability ratione temporis: The serious health problem suffered by the Applicant constituted an exceptional circumstance justifying the delay in filing his application. The short period of time between the end of his sick leave and the filing of his application shows that the...

30 v. 60-day mark candidates: It is clear from the provisions of ST/AI/2006/3¡ªin particular sections 4.5, 7.1 and 9.2, as well as paragraph 3 of annex I and paragraph 4 of annex III¡ªthat applications of candidates eligible to be considered at the 30-day mark must be considered before those of candidates eligible to be considered at the 60-day mark. 60-day mark candidates may only be considered if there are no qualified 30-day mark candidates. Compensation: In setting the appropriate amount of compensation, the Tribunal must assess the chance that the Applicant would have been promoted had the...

ST/IC/2006/60, the legality of which has not been contested by the Applicant, is clear as far as the rates for relocation grant are concerned. It stipulates on the one hand that for single staff members ¡°separating from service following appointments or assignments of one year or more¡±, the applicable rate is USD10,000, and on the other hand that ¡°for assignments of less than one year¡± the rate is USD1,200. It is clear that the Applicant, who was assigned to Geneva for six months only because he decided to resign, falls within the latter category. The Administration could thus rely on this...

The Tribunal considers that the Administration did not err in finding that her claims had been adequately addressed and that she had not suffered harassment. However, it failed in its duty to ensure a work environment that protects the physical and psychological integrity of staff. It awards the Applicant two months¡¯ net base salary for moral damage plus half a month for excessive delay in the appeal process. Duty to take prompt action to deal with harassment claims: At the material time, the Administration was bound by a duty to take prompt action and address harassment claims. In the instant...

Compensation under Appendix D as opposed to liability for a breach of terms of appointment/contractual obligations: Appendix D to the Staff Rules sets a regime of objective responsibility in the event of death, injury or illness attributable to the performance of official duties on behalf of the United Nations, by which the Organization is to afford compensation regardless of whether it bears any fault in the matter. Where the compensation claimed by a staff member is compensation that relates to a violation of one of the terms of the staff member¡¯s employment or is contractual in nature...

Confirmatory decisions: Confirmatory decision do not have the effect of reopening the time limits for formal contestation, as the said time limits run from the time the original decision was notified to the concerned staff member.Future disputes: It is not for the Tribunal to pronounce itself on forthcoming disputes.Outcome:Application rejected on receivability

The ±¬ÁÏÍøDT found that the Applicant¡¯s claims with regard to the issue of lien and loan were without merit. With respect to the issue of placement on special leave without pay, the ±¬ÁÏÍøDT found that the Applicant should have been placed on sick leave on half salary and half annual leave for a period of up to three months. The ±¬ÁÏÍøDT ordered the Respondent to make appropriate adjustments, including any related payments and adjustments to benefits and entitlements, to reflect the placement of the Applicant on three months of sick leave on half pay combined with half-day of annual leave commencing 22...