±¬ÁÏÍø

Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of relocation grant that the Applicant was entitled to and that this negatively affected the Applicant. This however was the subject of a settlement agreement between the parties. Further, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on relocation grant for temporary employees are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the ±¬ÁÏÍøDT Statute the Tribunal¡¯s...

Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of relocation grant that the Applicant was entitled to and that this negatively affected the Applicant. This however was the subject of a settlement agreement between the parties. Further, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on relocation grant for temporary employees are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the ±¬ÁÏÍøDT Statute the Tribunal¡¯s...

The Tribunal found that the Application is not receivable and dismissed it. Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of assignment grant that the Applicant was entitled to and that this negatively affected the Applicant. However, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on assignment grants for staff members on temporary appointments are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the ±¬ÁÏÍøDT Statute...

What the Applicant is seeking to challenge is the Secretary-General¡¯s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General¡¯s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal¡¯s jurisdiction.

What the Applicant is seeking to challenge is the Secretary-General¡¯s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General¡¯s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal¡¯s jurisdiction.

The ±¬ÁÏÍøDT found that given that the Applicant failed to comply with the deadline for the filing of his request for management evaluation, his application was time-barred and his application was not receivable before the Tribunal.

There being no evidence that real ongoing informal resolution efforts took place between the date on which the Applicant was notified of the decision on 26 May 2011 and when he filed his request for management evaluation on 4 August 2011, the time limit was not extended and his request for management evaluation was not receivable (time barred). The Tribunal concludes that there was no genuine informal resolution efforts conducted by the Office of the Ombudsman and there was no request for extension of time addressed to the Secretary-General by the Applicant. The 4 August 2011 request for...

The Tribunal found that: 1) The DG failed in her legal obligation to review and promptly appoint an investigation panel into the Applicant¡¯s complaint of prohibited conduct and that the delay was unlawful and resulted in serious consequences for the Applicant. 2) The instigation by DSS ±¬ÁÏÍøON of the detention and charging of the Applicant by the Kenya Police without a waiver of immunity by the Secretary-General was unlawful. 3) DSS ±¬ÁÏÍøON acted covertly without the knowledge of the Director-General or the United Nations Headquarters in its dealings with the Kenya Police on 21 August. This...

The Tribunal concludes that it was unreasonable and wrong to have withdrawn the offer of the FS-5 position. The matter is made worse as the offer was withdrawn after a long period of protracted exchange of correspondence between the Applicant and the Respondent. Informal dispute resolution: It is obvious that meaningful consultations towards the resolution of a dispute, when deliberated on in good faith, would serve the interest of management and the staff member. It would engender a collegial work environment and remove the antagonism and friction that usually results from workplace disputes...

The Tribunal found that the Applicant should have been given a one-year extension in Entebbe so that he would have been entitled to the benefits and entitlements that ordinarily accompany such a contract. Receivability: The Tribunal concluded that there was an administrative decision in that the Applicant was challenging a continuum of events - the repeated short-term renewal of his appointment stemming from the decision of the Government of Sudan to oust him from its territory. The Tribunal held that this was a decision of ¡°individual application¡± with ¡°direct legal consequences¡± to the...