±¬ÁÏÍø

The representative, proposed by the staff to sit on a mixed staff-administration consultative body and appointed by the High Commissioner, may legally sit on the said body even though the staff association which proposed him has withdrawn its confidence. the fact that this staff representative is, after his designation, appointed to an inspection function is not in itself sufficient to create a situation of conflict of interest preventing him from sitting. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives...

It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. Paragraph 5 of article 10 of the ±¬ÁÏÍøDT¡¯s Statutes imposes on the judge, in certain cases to set compensation that the Respondent may choose to pay in lieu of the annulment of the contested administrative decision. The judge takes into account the material damage...

The applicant¡¯s supervisor should have recused himself from the Management Review Group (MRG) that reviewed the performance reports to avoid conflict of interest. However, this procedural irregularity was mitigated by the subsequent report of the Rebuttal Panel. Outcome: Respondent to pay the applicant the equivalent of one-month net base salary for suffering and stress.

The meaning of any legislative provision is ascertained by the meaning of its words in the light of the intention of the rules as a whole. Where the wording of an instruction suggests that no exception is permitted, a number of common law jurisdictions have found the mandatory or directory dichotomy inappropriate.To establish the meaning and intention of a ±¬ÁÏÍø provision the relevant context is the hierarchy of the ±¬ÁÏÍø¡¯s internal legislation. This is headed by the Charter of the ±¬ÁÏÍø followed by resolutions of the General Assembly, staff regulation and rules, Secretary- General bulletins and then...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

±¬ÁÏÍøDT found that the applicant¡¯s case was limited to the amount of adequate compensation for the failure to adequately and timeously consider his complaint and that his other claims, including with respect to the termination of his appointment, were not properly before it. ±¬ÁÏÍøDT found that the Administration was required¡ªbut failed¡ªto undertake an adequate and timeous initial inquiry into the applicant¡¯s allegations. ±¬ÁÏÍøDT found that the applicant substantiated his claims of emotional distress and injury and must be compensated for it. However, ±¬ÁÏÍøDT found that the applicant failed to show that...

The Tribunal found that the appeal against the first decision was both time-barred and without merits, and that the appeal against the second decision was time-barred. The Tribunal further concluded that the respondent had properly exercised his discretionary authority in deciding not to refer the investigation panel¡¯s findings to the ASG/OHRM. Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal and the time limits for appeal start running from that first decision. Subsequent refusal decisions are...

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all ±¬ÁÏÍø staff members were to be ¡°considered first¡±, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a ±¬ÁÏÍø staff member and the applicant challenged the decision to appoint them. At around the time of the applicant¡¯s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

The appeal is withdrawn and the case is closed.

Since it was ECOWAS and not ±¬ÁÏÍøSD that took the decision not to attribute the applicant for her contributions to the ECOWAS Poverty Profile, this decision is therefore not a decision in respect of which the respondent, ie, the Secretary-General as the Chief Administrative Office of the United Nations, has any responsibility. Even if the ultimate decision to exclude the applicant from attribution was that of ECOWAS, it could, nevertheless, be held that the administrative decision in question was that ±¬ÁÏÍøSD decided to accept the decision of ECOWAS in respect of the applicant, contrary to its...