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Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management¡¯s (OHRM) list of non-family ¡°duty stations,¡± as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management¡¯s (OHRM) list of non-family ¡°duty stations,¡± as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management¡¯s (OHRM) list of non-family ¡°duty stations,¡± as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management¡¯s (OHRM) list of non-family ¡°duty stations,¡± as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management¡¯s (OHRM) list of non-family ¡°duty stations,¡± as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Standard of proof in disciplinary cases - In disciplinary proceedings it is well settled now that the evidence must be clear and convincing and that would include identification evidence. Evidence of misconduct must be clear and convincing. Findings of fact by the trial judge - As a trier of facts, a first instance judge has the means and power to assess the veracity and accuracy of a witness. The findings of fact of a trial judge should rarely be reversed on appeal unless the findings are so perverse that no reasonable person would have come to the conclusions reached on the facts by the...

Receivability: The Tribunal observed that the Applicant had the option of lodging a formal complaint of gender discrimination under ST/SGB/2008/5 but chose not to. However this does not prevent her from alleging, as she does, that the classification decision which she is challenging was ill-motivated by reason of gender discrimination. The Tribunal concluded that in determining whether the decision to abolish her post was ill-motivated it is competent to examine each of the Applicant¡¯s allegations against the relevant facts and circumstances.

The application was receivable as it was filed in accordance with the requirements set forth in article 12.3 of the ±¬ÁÏÍøDT Statute and article 30 of the ±¬ÁÏÍøDT RoP.; The payment of salaries to the Applicant should have been calculated as of the time of separation (30 November 2009) with accrued interest.; ±¬ÁÏÍøDT ordered that the Secretary-General add a pre-judgment interest on the compensation already paid, calculated at the US Prime Rate applicable on 30 November 2009 (date of separation) to 9 December 2016 (date of payment). All other pleas were refused.

The Applicant requests revision of ±¬ÁÏÍøDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

While the eventual payment of arrears put an end to the ongoing breach by the Administration, it did not erase the failure to pay the salary when due, and in due amounts, nor the damage that would have been occasioned by the lack of timely payment during the period of two years. The Tribunal found that the duration of the breach and its continuing character was, by ±¬ÁÏÍøDT experience, extreme. This was combined with the obscurity of its cause, i.e., ¡°technical problem with funding¡± which remained unexplained. Reasonably, a problem with funding for the position should have prevented the deployment...