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The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised ¡°with greater urgency ¡­ the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection¡±. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...

The Tribunal was not persuaded by the Applicant¡¯s argument that staff rule 9.2(b) should apply to her case because her resignation was not genuine and the Administration had set her up for resignation. Rather, it was apparent to the Tribunal that the Applicant¡¯s resignation was situational and a consequence of a combination of earlier decisions taken by the Applicant and the external factors. The Applicant overestimated the power of her newly acquired diploma on the job market which proved more difficult than she had expected. The Applicant made no inquiries concerning termination indemnity...

The Tribunal held that the managers concerned acted in accordance with the obligations placed on them by sections 9 and 10 of ST/AI/400. Given the fact that the Applicant absented himself from work in Sector East without proper authorization and failed to heed the advice and requests sent to him, the Organization did not act unlawfully in taking steps to place him on SLWOP. Moreover, it was lawful for the Organization to take steps to recover payments made in advance in respect of education grant and travel in circumstances where such advances were not utilised for the purpose for which they...

The Tribunal found that the decision to separate the Applicant for abandonment of post was not unlawful because: the Applicant was absent from duty he did not provide a duly authorized medical certificate or other justification for failure to report to work the Administration followed the prescribed procedures and acted in accordance with the internal laws of the Organization and the Applicant failed to meet his burden of proving the impropriety that he alleged.

While the eventual payment of arrears put an end to the ongoing breach by the Administration, it did not erase the failure to pay the salary when due, and in due amounts, nor the damage that would have been occasioned by the lack of timely payment during the period of two years. The Tribunal found that the duration of the breach and its continuing character was, by ±¬ÁÏÍøDT experience, extreme. This was combined with the obscurity of its cause, i.e., ¡°technical problem with funding¡± which remained unexplained. Reasonably, a problem with funding for the position should have prevented the deployment...

Establishment of the facts which form the basis of disciplinary measures The Tribunal emphasized that the establishment of the facts was not contested by the Applicant. The Applicant admitted to having taken, on four occasions and without authorisation, a total of four beehives that belonged to ±¬ÁÏÍøOG and brought them back to his home, between October 2015 and February 4 2016. He also admitted to having them repainted, for having removed their nameplates and for wanting to install them in his garden. Do the established facts constitute a fault? The Tribunal was of the opinion that the removal of...

The Tribunal held that the application was moot and not receivable. Accordingly, the application was rejected. On issue one, for an order for execution of default judgment, the Tribunal found that the Applicant had not obtained a default judgment as he alleged. The 14 December 2009 Order that the Applicant considered a default judgment merely directed the Respondent on the procedural requirements for applying to re-enter the proceedings, and which indeed happened with the Respondent filing a reply on 25 January 2010. On 7 June 2010, the Tribunal proceeded to Judgment No. ±¬ÁÏÍøDT/2010/105 in which...

In the instant case, the Respondent showed that three available P-5 posts were identified as suitable to the Applicant¡¯s qualifications and experience and that he was invited to apply for them for consideration. If the Applicant had put a foot in the door by applying to any of them, then the next stage would have been for the Tribunal to examine whether ±¬ÁÏÍøFPA selected a non-permanent staff member above the qualified Applicant thus denying the Applicant of the protections afforded him by staff rules 9.6(e) and 13(d). Good faith efforts on both sides means that both parties cooperate to identify...

The Tribunal held that the Applicant¡¯s claims relating to the performance evaluation of his FRO and his SRO¡¯s theoretical negative influence of future performance appraisals to the Applicant¡¯s detriment were not receivable because they either did not form part of the terms and conditions of his employment or had no direct legal consequences on his terms and conditions of employment. With respect to the negative comments and rating of the SRO in his 2015-2016 e-PAS, the Tribunal noted the successful roll-back of the e-PAS and concluded that there no longer existed a live issue because he had...

Receivability: the Applicant could not separately challenge the decisions to abolish his post and to create a new one. This does not mean that the Applicant, while contesting his separation from service, cannot raise arguments touching upon prefatory steps taken in the process leading to such decision and which contributed to it. The need for the Tribunal to go beyond the examination of the decision not to renew the Applicant¡¯s contract is particularly acute in the present case, where the decision to abolish the Applicant¡¯s ARR(O) post and to create a new one cannot be dissociated from the...