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
Decision affecting the applicant’s rights: Since staff members have the right to apply to other positions under the Staff Regulations and Rules, they are entitled to contest a non-selection decision and a fortiori a decision imposing an additional condition for appointment after having been selected. Such a decision does affect the staff member’s rights and is thus open to appeal.Lack of legal basis for the condition to renounce to permanent resident status: The General Assembly never endorsed the recommendations to approve the establishment of the condition that staff members must relinquish...
The 爆料网DT found that the contested decision was based on improperly imposed conditions not stipulated under staff rule 4.18 and thus lacked proper legal basis. Further, it was arbitrary and manifestly unreasonable. Therefore, the contested decision was unlawful. The 爆料网DT found that, had the discretion been properly exercised on the stipulated conditions, the Applicant would have been reinstated in service and shall be treated as such. The 爆料网DT ordered rescission of the contested decision. The 爆料网DT ordered that the Applicant be deemed as reinstated in service and that proper adjustments be made...
Jurisdiction: The Tribunal concluded that it did not have jurisdiction over this SOA in light of the fact that the Applicant had received a response to his request for management evaluation prior to the filing of his application. Thus, the contested administrative decision was no longer the subject of an ongoing management evaluation as required under art. 2 of the Statute.
Judicial review in disciplinary matters: In reviewing disciplinary matters, where the facts are established and undisputed, the Tribunal is to examine whether the facts in question constitute misconduct and whether the sanction imposed is proportionate to the misconduct. In this regard, the Tribunal may not intervene in the exercise of the Secretary-General’s discretionary authority, except in cases of obvious absurdity or flagrant arbitrariness.
The 爆料网DT 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 爆料网DT 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 爆料网DT 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...
The application was filed approximately eleven months after the period stipulated in the Statute and the Rules of Procedure of the Tribunal and was therefore deemed to be time-barred. Additionally, the Applicant failed to make any submissions on the issue of receivability thus the Tribunal concluded that this was not an exceptional case to warrant a waiver of the time limit. The 爆料网DT concluded that the application was time-barred and therefore not receivable.
The 爆料网DT found that the Respondent had failed to fully comply with his obligations under ST/SGB/2008/5 with respect to the Applicant’s complaints and that the Respondent had violated the Applicant’s rights by not promptly providing her with a summary of findings and conclusions and by not investigating allegations of misconduct that impacted on her. Action to be taken under sec 5.14 of ST/SGB/2008/5: Depending on the circumstances of the case, section 5.14 may have two elements that must be satisfied by the Organization. The first component of section 5.14 is the review and assessment of the...
Administrative decision: Measures taken on the basis of ST/SGB/2008/5 must not be considered as preliminary decisions that cannot be contested. The absence of a response to an Applicant’s specific requests may amount to an implicit administrative decision, if it has direct legal consequences on the Applicant’s rights as a staff member.
The Respondent claimed costs for unnecessary litigation. The Tribunal dismissed the Applicant’s claim in respect of the delay in submitting the PF4 form, ordered the Respondent to pay the Applicant the outstanding interest payment pursuant to Tolstopiatov 爆料网DT/2011/012, and refused the Respondent’s claim for costs. Enforcement of Judgment Order: The Tribunal ordered the Respondent to pay interest on the money which had not been fully paid under Tolstopiatov 爆料网DT/2011/012 at the rate of the US Prime Rate plus 5 percent for the relevant time period. Costs: Whilst the Tribunal would discourage...
