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Decisions of the General-Assembly - A decision of the General Assembly is binding on the Secretary-General who has a duty to implement it. The Applicant lacks the capacity to challenge the non-renewal of her appointment in so far as it is properly implemented in consequence of the General Assembly¡¯s decision to abolish it. Interpretation of section 3.7 (b) of ST/AI/2013/4 - Section 3.7 (b) does not envisage a situation of post abolishment. The said section contemplates a situation where the post formerly encumbered by a former or retired staff member continues to exist and the separated staff...

The ±¬ÁÏÍøDT found that the Applicant was not afforded proper priority consideration for the CISS post under the framework established by staff rule 9.6(e). He, therefore, lost a fair chance of being selected for the CISS post. The ±¬ÁÏÍøDT also found that the decision not to select the Applicant was vitiated by the arbitrary and inconsistent application of the requirement of ¡°Headquarters experience¡±. The Tribunal finds that the Applicant has already mitigated his losses for some part of the relevant period and received compensation for the rest of the lost earnings as part of Lemonnier ±¬ÁÏÍøDT/2016/186...

As the Appeals Tribunal stated in Bowen 2011-±¬ÁÏÍøAT-183, the Applicant¡¯s termination indemnity should be taken into account when awarding compensation. This is consistent with the Appeals Tribunal¡¯s pronouncement in Warren 2010-±¬ÁÏÍøAT-059 that ¡°the very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organization complied with its contractual obligations¡±. Therefore, as both the termination indemnity and the payment in lieu of notice stemmed from the improper termination of the Applicant¡¯s appointment, these sums shall be deducted from...

The ±¬ÁÏÍøDT remanded the Applicant¡¯s request to the Secretary-General for consideration. The ±¬ÁÏÍøDT directed that, within one month of the date of this judgment, the Applicant shall submit any further documentation to the MSD New York that he wishes to be taken into consideration. The ±¬ÁÏÍøDT further ordered that, within 90 calendar days of the date of this Judgment, the Respondent, through a properly designated office, shall render a decision on the Applicant¡¯s request.

The Applicant, a ±¬ÁÏÍøDP Investigations Specialist at the P-4 level, contested three decisions. The appeal against two decisions was found not to be receivable ratione materiae: a preliminary decision and failure to request management evaluation. The third decision concerned the imposition of a written reprimand as an administrative measure against Applicant. The Tribunal rejected the Applicant¡¯s appeal regarding the third decision on the merits.

The ±¬ÁÏÍøDT found that the Applicant was not afforded proper priority consideration for the DM post under the framework established by staff rules 9.6(e) and 13.1(d). Tribunal finds that, had the Applicant been afforded proper consideration for the DM post as a displaced permanent staff member, he would have had fifty per cent chance of being selected. The ±¬ÁÏÍøDT found that there was insufficient evidence to establish that the selection process was tainted by bias against the Applicant. Having considered relevant factors¡ªnamely, that (i) the Applicant lost a fifty per cent chance of being selected...

The ±¬ÁÏÍøDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The ±¬ÁÏÍøDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9(6)(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The ±¬ÁÏÍøDT found that the Applicant¡¯s termination was unlawful because he did not receive proper...

The Tribunal granted the application, and the contested decision was rescinded and SLWP request remanded for the ASG/OHRM¡¯s consideration within 30 days.

The ±¬ÁÏÍøDT found that it does not have jurisdiction to review the medical opinion expressed by the Medical Services Division, as requested by the Applicant, and dismissed the application in its entirety. Procedure for challenging a decision taken pursuant to Appendix D: A claimant may either challenge a decision taken by the Secretary-General upon recommendation from the ABCC by seeking reconsideration under art. 17 of Appendix D or by appealing it before the Dispute Tribunal. However, the two avenues offer different prospects. Reconsideration under art. 17 of Appendix D: The reconsideration...

The Applicant, as a former Service Contractor, does not have standing to submit an application to the Tribunal pursuant to article 2.1 and 3.1 of the Tribunal¡¯s Statute.

The ±¬ÁÏÍøDT found that the element of the application concerning conversion to permanent appointment was not receivable as the Applicant had not requested management evaluation of this decision. In respect to the receivable elements of the application, the ±¬ÁÏÍøDT found that the Applicant had no legitimate expectation of renewal. However, the Tribunal found that the decision not to renew his appointment was unlawful, as it was based on a flawed performance management process. In particular, in the Applicant¡¯s first performance cycle, there were significant delays in the implementation of the various...

The sanction was based on a finding that the Applicant had engaged in misconduct when he left a hand-held radio and an MP5 9 mm submachine gun with two magazines and approximately 60 rounds of ammunition ±¬ÁÏÍøATtended in a ±¬ÁÏÍø vehicle that he had been operating, resulting in these items being stolen when an unknown person or persons broke into that vehicle while the Applicant waited several minutes in a restaurant for a take-out meal. The ±¬ÁÏÍøDT Tribunal found that the imposed sanction was not manifestly unreasonable, unnecessarily harsh, obviously absurd or flagrantly arbitrary. It was within the...

The Tribunal dismissed the application in its entirety.

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...

With respect to receivability, the Applicants could not challenge the abolition of their posts by a decision of the General Assembly which by itself is akin to a country¡¯s constitution, the higher norm, and the supreme organ of the Organization. The Applicants lacked the capacity to challenge the non-renewal of their appointments in so far as the non-renewal decision was properly implemented in consequence of the General Assembly¡¯s decision to abolish their posts. Unequal treatment did not occur in the implementation of the Mission¡¯s restructuring which led to the abolition of 80 language...