±¬ÁÏÍø

Outcome: Application dismissed, but the applicant awarded USD500 in nominal compensation for not being informed in time.

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...

Independent status: OSLA enjoys functional or operational independence, in the sense that it does not receive instructions from its hierarchy when providing advice to staff members or representing their interests, while remaining administratively subject to the Secretary-General. Attribution of Independent organs¡¯ acts to the Secretary-General: If article 2.1 of the ±¬ÁÏÍøDT Statute designates the Secretary-General as the respondent before the Tribunal, he assumes this role in his capacity as Chief Administrative Officer, and not on account of his personal behaviour. This responsibility is linked...

The Tribunal raises on its own motion the question of the receivability ratione materiae, namely whether the OIOS decision was an appealable administrative decision. On the merits, it finds that the OIOS decision is lawful. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass judgment on an application, including whether the contested decision is an...

The Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the ±¬ÁÏÍøSU through a free and fair election process and his right to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 ±¬ÁÏÍøSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not...

The Applicant submitted, inter alia, that as a result, his rights to free and fair elections and to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 ±¬ÁÏÍøSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not safe, then the Applicant respectfully requests the Dispute Tribunal to order new...

The ±¬ÁÏÍøDT remanded the Applicant¡¯s request to the Secretary-General for consideration. The ±¬ÁÏÍøDT directed that, within one month of the date of this judgment, the Applicant shall submit any further documentation to the MSD New York that he wishes to be taken into consideration. The ±¬ÁÏÍøDT further ordered that, within 90 calendar days of the date of this Judgment, the Respondent, through a properly designated office, shall render a decision on the Applicant¡¯s request.

The ±¬ÁÏÍøDT found that it does not have jurisdiction to review the medical opinion expressed by the Medical Services Division, as requested by the Applicant, and dismissed the application in its entirety. Procedure for challenging a decision taken pursuant to Appendix D: A claimant may either challenge a decision taken by the Secretary-General upon recommendation from the ABCC by seeking reconsideration under art. 17 of Appendix D or by appealing it before the Dispute Tribunal. However, the two avenues offer different prospects. Reconsideration under art. 17 of Appendix D: The reconsideration...