�山����

The UNAT found that the UNDT had appropriately dismissed Ms. Yu’s application as not receivable ratione temporis.  The UNAT emphasized that because Ms. Yu’s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the UNDT is located, and therefore, Ms. Yu missed the deadline by one day.

The UNAT rejected the new arguments and evidence related to the mediation process submitted to the UNAT for the first time.  Even if these were considered, the UNAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The UNAT rejected the new arguments and evidence submitted to the Appeals Tribunal for the first time that were aimed to show that Mr. El-Anani had not read the attachment of the e-mail that communicated the disciplinary sanction.

The UNAT confirmed that, the two Microsoft Outlook notification records acknowledged by Mr. El-Anani indicated that the contested decision had been delivered to and read by him on 28 March 2023 and that he was therefore required to file his application with the UNDT by no later than 26 June 2023. Since Mr. Al-Anani did not file the application until 28 June 2023...

UNAT recalled its jurisprudence that where a response to a management evaluation request is not received, a staff member has 90 days from when the response is due to file an application to UNDT. If a response is received after the expiration of that 90-day time limit, the receipt of the response does not reset the clock for filing an application with UNDT. UNAT held that, since the MEU’s response was received after the expiration of the 90-day period, it did not reset the clock for the staff member to file an application. UNAT held that UNDT therefore initially made no error of law in...

The Applicant filed his request for management evaluation on 30 September 2013 and received a response from the management evaluation unit on 21 February 2014. His appeal was filed with the Tribunal on 22 May 2014. The question for decision by the Tribunal regarding the timely filing of the claim is not whether the MEU was dilatory in its response but whether the Applicant complied with the necessary deadlines under the Tribunal’s Statute and Rules of Procedure. The Tribunal found that the application was not receivable. The Tribunal found that the applicable time limits for the filing of the...

Selection processes and job openingsThe Tribunal appreciates that the selection process for a post starts with the creation of a job opening (sec. 3.1 of the Hiring Manager’s Manual) and ends when the Head of the Office/Department makes the selection decision (sec. 14.3.7 of the Hiring Manager’s Manual). A new job opening represents the beginning of a new selection process and cannot be created and or viewed as a continuation of a previous selection process that has been initiated by the publication of the first job opening for the same post. Composition of assessment panelThe Tribunal notes...

The Tribunal rejected the application on the merits.

The present current Dispute Tribunal not competent. The Tribunal rejected the application as not receivable ratione materiae.

Receivability –The Applicant’s patience in waiting for the Secretary-General to decide on when to grant him appropriate remedies cannot be used against him. It is not in contention that as soon as he was informed that the Secretary-General had decided that the appropriate remedies he was promised meant no remedies at all, the Applicant approached the Tribunal. The Applicant’s claims in regard to the other administrative decisions of tampering with a published vacancy announcement and the membership of the former incumbent of the position on the interview panel which were affirmed in management...

The Tribunal found that the Administration did not respect its obligation pursuant to staff rule 9.6(e)(i) and 9.6(f) to retain the Applicant and the Applicant’s correlative right to be retained in any available suitable post at her level (G7 step 10) or at a lower level in UNHCR NY, or at her Professional level or lower in the parent Organization. The Tribunal granted the Applicant’s claim in part, rescinding the contested decision and ordering the Respondent to retain the Applicant with retroactive effect from 31 December 2016 in any current suitable available post(s), or in alternative, the...

Receivability before the UNCB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the UNCB, the relevant staff member is required (“shall”) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to UNCB: (a) to notify the United Nations authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the...