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She alleged that the Administration advised her wrongly to resign from her 100-series fixed-term appointment (FTA) with ±¬ÁÏÍøDP, Kosovo, in 2007, when she was offered a FTA with ±¬ÁÏÍøV, Bonn, and argued that her resignation cannot be taken into account when assessing her eligibility for consideration for conversion, namely the requirement of 5-year continuous service. Following requests for additional information, the Tribunal found that the Administration put the Applicant into an illegal situation when she was first offered a 300-series appointment of limited duration with ±¬ÁÏÍøV, Bonn, while she...

The Tribunal found that since the Applicant failed to request the Administration to open a new TVA, and as such to provoke an administrative decision of refusal, the application was irreceivable in this respect. The Tribunal further found that the decision to select another candidate was procedurally flawed since the Applicant, despite her request, was not provided with the names of the members of the Interview Panel. In view of the case history, there is no doubt that the Applicant would have requested a change of Panel members and a reasonable Administrator would have conceded to her request...

A judgment on receivability is not an executable judgment. It is not a judgment on the merits of the case where all issues have been adjudicated upon. An executable judgment is one in which the court determines on the substantive issues of the case having heard and deliberated on the evidence and arguments submitted by the parties. In so doing, it ends the dispute before the court which heard it. A judgment on receivability is based on a procedural issue. In the present case, the procedural issue had to do with the timeliness of the application and scope of the court¡¯s jurisdiction where the...

Relying on articles 7 and 34 of the Rules of Procedure, the Tribunal found that the Application was not receivable because the Applicant had filed it one day late.

The Tribunal concluded that the sanction was taken in accordance with the applicable regulations and rules that govern disciplinary matters and that it was in line with sanctions applied in other matters of similar nature. The Applicant¡¯s due process rights were respected throughout the preliminary investigation and the ensuing disciplinary process. The contested decision was both factually and legally reasoned and did not reflect any bias, improper motivates, flawed procedural irregularity or errors of law. The Applicant¡¯s disciplinary liability was correctly determined and the disciplinary...

The Tribunal found that most of the Applicant¡¯s claims were time barred and that those which were not time barred were without merit. It was found that ±¬ÁÏÍøON had paid the Applicant¡¯s SPA for the periods when he was entitled to it and that he no longer had any legitimate claims for SPA against ±¬ÁÏÍøON. Employment Contract: A contract of employment is personal between the employee in each case and the employer. The terms of one¡¯s employment as stipulated in the letter of appointment or contract of employment is binding in personam between staff member and the organization and one cannot seek to...

The ±¬ÁÏÍøDT found that the post in question was a New York-based post to be assigned to the Entebbe office ¡°subject to finalisation of arrangements for the initiation of a Regional Procurement Office¡±. This post was filled through a selection exercise that was finalized when the offer of appointment was made to Mr. YK in April 2011. The movement of the selected staff member, along with his post, to Entebbe was not a lateral move or a new recruitment, but rather implementation of the selected staff member¡¯s terms of appointment in line with the vacancy announcement that provided that recruitment...

Decision of a technical body: A rebuttal panel should be considered as a technical body as per the provision of staff rules 11.2(b). Consequently, a decision of a rebuttal panel is not subject to management evaluation as a prerequisite before filing an application before the Tribunal. The preeminent purpose of management evaluation is to reconsider the initial decisions taken by the Administration. Where such reconsideration is delegated to a specialized body, there is no need for further administrative review. Rebuttal panel: The panel¡¯s mandate is fixed for two years and ST/AI/2002/3 did not...

One of the eligibility requirements was five years of continuous service with the Secretariat, excluding any service with separately administered funds or programmes. The Respondent asserted that for part of the relevant period the Applicant was employed pursuant to a Memorandum of Understanding between the United Nations Secretariat and the United Nations Development Programme, a separately administered programme. The ±¬ÁÏÍøDT found that the Applicant was converted by the United Nations to a permanent appointment in November 2010, which meant that the Organization had accepted that he had at...

The ±¬ÁÏÍøDT found that the two posts in question were available only temporarily and therefore the Administration¡¯s decision to advertise them as temporary vacancies was lawful. With respect to the first vacancy, the ±¬ÁÏÍøDT found that, as the successful candidate declined the offer, it was appropriate for the Administration to fill the temporarily vacant post through a lateral transfer. The ±¬ÁÏÍøDT further found that this decision was made by a person with proper delegation of authority. With respect to the second vacancy, the ±¬ÁÏÍøDT found that the selection exercise was also lawful. The application was...