Ãå±±½ûµØ

The Secretary-General’s decision to allow the applicants to resubmit their cases to the CAC within 90 days was reasonable and fair. The CAC is the legitimate and appropriate body to hear the applicants’ request for a review of a reclassification decision. In view of the JAB’s report, the lack of information provided during the period in question and the respondent’s silence in explaining the delays in the period from 2000-04, the Tribunal finds that compensation for the excessive delay in responding to the original request for reclassification is warranted, as is compensation for the breach of...

In the present judgment, UNDT found that, in light of the circumstances of this case, the three months’ net base salary paid to the Applicant for the lack of due process on the recommendation of the JAB report was insufficient. UNDT found the procedural unfairness to be so grave that it warranted additional compensation in the amount of USD15,000 for the breach of the Applicant’s procedural rights. With respect to compensation for actual economic loss, UNDT held that the Respondent shall compensate the Applicant for the actual economic loss incurred by her and that the actual economic loss...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...

The respondent submitted documentary evidence showing that the applicant’s post had been created, and the applicant recruited, specifically for the purpose of prosecuting the above-mentioned top Serbian leader. Accordingly, the Tribunal concluded that the decision to abolish the applicant’s post and to terminate his fixed-term appointment had been taken in view of the necessities of service and constituted a proper exercise of the respondent’s discretionary authority. Since it was established that the necessities of service justified the termination of the applicant’s appointment, it was not...

While the Respondent submits that the recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages, the Tribunal does not consider this list to be exhaustive. The Tribunal cannot conclude that if proper procedures had been followed, the Applicant would have been selected for the subject post. Nonetheless, it considers that the Applicant’s prospect for selection was very high due to the fact that he was the only candidate deemed suitable for the post by the Advisory Selection Panel. Thus, the contested decision impacts substantially on the Applicant’s...

Article 10(5) of the Statute of the UNDT is silent as to how compensation to be awarded to a party is to be calculated. The Respondent submits that in such circumstances where there is a lacuna in the internal law of the organization, general principles of law provide a source of internal administrative law and should be applied. The Tribunal agrees with this reasoning and further notes that how this Article will be applied will depend on the particular circumstances of each case. The recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages. An...

Out of the various decisions that the applicant challenged, only those raised in the request for administrative request are receivable. Mere preparatory decisions may not be contested before UNDT, in accordance with article 2, paragraph 1, of its statute. Indeed, those decisions are not of such nature as to affect the staff member’s rights per se; they can be called into question in contesting the main/final decision, but not by themselves. Furthermore, since the applicant had already been promoted by the time he filed the present case, he had no legitimate interest to take legal action.

Scope of the case. The Applicant’s claims of harassment, sexual harassment and abuse of authority presented to the JAB were not independent claims in and of themselves, but merely constituted support for the Applicant’s contention that her due process rights had been violated in the context of the non-renewal and non-extension. Considering the posture of the case presented to the JAB and on review by the Dispute Tribunal, the Tribunal is without authority to re-examine the investigation into the Applicant’s sexual harassment charges. Exceptional case. With respect to the determination whether...

The Tribunal observes that the Applicant’s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant’s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

Abolished posts: The onus is on the Respondent to show that the Organization acted correctly towards the Applicant as a permanent appointee on an abolished post and to demonstrate what good faith steps it took, in accordance with its legal and policy obligations, to assist her with finding alternative employment.Manifest abuse of process: A withdrawal of an admission of liability upon which the parties have relied may result in a finding of manifest abuse of process warranting award of costs.Outcome: Relied ordered: (i) 9 months’ net base salary (breach of rights and loss of chance of...