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The application is not receivable. The management evaluation request was not receivable because the Applicant did not file a timely request for management evaluation of the contested decision.

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

The case is moot since a cheque for the reimbursement of a dental claim was already issued prior to the filing of this application. There is no longer any administrative decision to be contested, and the dispute is resolved. It appears that the only remaining issue is an arrangement to make a payment of the bank fee by issuing a cheque or transferring money to the Applicant¡¯s account. This is not a legal question for the Tribunal to adjudicate upon. Regarding moral damages, she has failed to provide any evidence to support her claim of moral damages in either her request for management...

Pursuant to staff rule 9.6(c), the Secretary-General may terminate the appointment of a staff member who, like the Applicant, holds a continuing appointment in accordance with the terms of the appointment on the grounds of ¡°unsatisfactory service¡±. The Secretary-General has delegated this authority to the Under-Secretary-General for Management (USG/DM) according to annex IV on delegation of human resources authorities to ST/SGB/2019/2 regarding delegation of authority in the administration of the Staff Regulations and Rules (see p. 21). No exception to this delegation of authority is made...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants had requested management evaluation and received a response on 3 October 2017. 2) Staff rule 11.2(b) was inapplicable because ICSC is not a technical body. 3) Individual administrative decisions, namely, to apply the new post adjustment in relation to each of the Applicants, had been issued and implemented, as demonstrated by their salary slip of August 2017. 4) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay...

The facts on which the disciplinary measure was based were established because the Applicant rendered himself publicly drunk over several hours, embroiled in a bar fight, was twice detained by the local police, went out to a bar after curfew drove a ±¬ÁÏÍø vehicle while he was legally drunk based on MINUSCA¡¯s zero tolerance policy refused to stop and exit the ±¬ÁÏÍø vehicle when signaled by MINUSCA Security Officers, including his superior drove in a dangerous manner. The established facts legally amounted to misconduct because the Applicant¡¯s actions, which included public drunkness, becoming...

The Tribunal rejects the application as not receivable. The Applicant¡¯s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.

The irregularities detected in the selection process were of such gravity¡ªnot keeping any written record of the contested administrative decision, an undefined decisionmaker, and flawed reasons and justifications¡ªthat they cannot be regarded as minor procedural or substantive errors that did not impact the outcome of the non-selection decision. Accordingly, the Respondent was not been able to minimally show that the Applicant¡¯s candidature for the post was fully and fairly considered. Four other candidates had been shortlisted for the written test for the relevant post. Had the Applicant...

The Tribunal found that the contested decision in this case was clearly not based on direct organisational authority and it concerned an area protected from employer interference, the internal affairs of a Staff Union. It did not produce a sufficiently direct legal consequence to the legal order of the Applicant as a staff member.