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The Tribunal found that the application, in so far as it impugned a decision that had been rescinded, had to be rejected as irreceivable. Concerning the Applicant’s claim for compensation for moral injury allegedly arising from the contested decision, the Tribunal considered that the causal effect between the Applicant’s troubles and the contested decision had not been demonstrated by the medical certificates provided and thus rejected the claim, without ruling on its receivability. The Tribunal further rejected the Respondent’s request for award of costs against the Applicant because it did...

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal’s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

Based on the JAB recommendation, the Secretary-General had previously awarded the Applicant the amount of USD23,400 (three months net base salary) in compensation for an error in the consideration of her academic qualifications during the selection process. The Tribunal found that, in addition to the above-mentioned error, a number of substantial procedural irregularities had tainted the selection process, including the fact that the Senior Review Group had failed to pre-approve the evaluation criteria as required by ST/AI/2002/4 and met without having developed and published its own...

The Tribunal found that the application was irreceivable as time-barred; it was also without merit because the alleged conflict of interest was not deemed to exist. Independent status: Bodies endowed with an independent status are integrated in the structure of the Organization and, whilst they may not receive instructions from their chain of command in performing the tasks entrusted to them, they are not entirely detached from the Secretary-General’s authority. Administrative decisions: The Tribunal is not competent to examine the legality of acts other than administrative decisions. Redress...

Independent status: OSLA enjoys functional or operational independence, in the sense that it does not receive instructions from its hierarchy when providing advice to staff members or representing their interests, while remaining administratively subject to the Secretary-General. Attribution of Independent organs’ acts to the Secretary-General: If article 2.1 of the UNDT Statute designates the Secretary-General as the respondent before the Tribunal, he assumes this role in his capacity as Chief Administrative Officer, and not on account of his personal behaviour. This responsibility is linked...

The preliminary issue at stake was whether the Tribunal had competence ratione personae to examine this application. In this regard, the Tribunal found that, under the relevant UNDP rules, persons recruited under Service Contract are not staff members. It therefore considered that it did not have competence to adjudicate this case. It also found that the facts had clearly established that the Applicant had actually amicably settled the issue of the non renewal of his contract and received USD 9593 as compensation. The Tribunal therefore considered that the Applicant, who was a party to this...

The Tribunal found this decision unlawful as not grounded on any valid legal basis. It awarded three months’ net base salary for moral damage.

For the Applicant to claim pecuniary damages arising from his being transferred, or the reprimand being withdrawn whilst he was subjected to the JDC process, he must establish that he suffered actual economic harm. The Applicant could, for instance, have done so by identifying a specific promotion which he missed out on. The Tribunal finds that the Applicant has provided limited evidence of his exclusion from consideration for other posts. The Tribunal finds that being investigated for misconduct and having been issued with an administrative reprimand is more than likely to have negatively...

The Respondent claimed costs for unnecessary litigation. The Tribunal dismissed the Applicant’s claim in respect of the delay in submitting the PF4 form, ordered the Respondent to pay the Applicant the outstanding interest payment pursuant to Tolstopiatov UNDT/2011/012, and refused the Respondent’s claim for costs. Enforcement of Judgment Order: The Tribunal ordered the Respondent to pay interest on the money which had not been fully paid under Tolstopiatov UNDT/2011/012 at the rate of the US Prime Rate plus 5 percent for the relevant time period. Costs: Whilst the Tribunal would discourage...