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The UNDT found that the UNON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at UNON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

The Tribunal found that although the requirements under the Policy and Procedures on Assignments and Promotions (“PPAP”) with respect to the level of detail/content of the minutes of the deliberations of the Senior Assignments Committee were only minimally met, this did not invalidate the selection process. The evaluation of both the Applicant and the successful candidate was made against the criteria as contained in the job description, based on the candidates’ respective fact sheets, and not on any wrong assumptions or errors. The Tribunal found that the Applicant received full and fair...

The Applicant, a former P-3 level staff member of MINUSTAH, sought rescission of the decision not to renew his fixed-term contract. The Respondent asserted that non-renewal was lawful since the Applicant was provisionally reassigned to MINUSTAH when MINURCAT was downsized and his provisional reassignment was contingent upon him receiving FCRB clearance. As the Applicant never received FCRB clearance, his contract was not renewed. The UNDT found that, following his initial offer, the Applicant received 12 subsequent letters of appointment which did not expressly or by reference refer to him...

Noting that the Applicant had conceded that his application was filed after the time limit set out in art. 8.1(d)(i)(b), the Tribunal concluded that the application was not receivable rationae temporis because the Applicant failed to comply with the 90-day filing deadline set out in art. 8.1(d) of the UNDT Statute. The Tribunal then deliberated on the Applicant’s assertion that his application is receivable because the interpretation of art. 8.1(d)(i)(b) is unfair to staff members as it favours an administration that has failed to address management evaluation requests in violation of staff...

In line with the jurisprudence of the Organization, the role of the Tribunal was limited to reviewing whether the candidate received full and fair consideration, the procedures were followed, improper motives were absent and relevant materials had been considered. In this regard, UNAT has held that a candidate alleging a failure to observe his or her right to full and fair consideration for selection must prove through clear and convincing evidence that procedure was violated, the panel was biased, irrelevant material was considered or relevant material ignored. Contrary to the Applicant’s...

The Applicant, as an ad litem judge of the ICTY, is considered to be a “non-Secretariat United Nations official”. It follows that the Applicant cannot be considered as a former United Nations staff member within the meaning of art. 3.1 of the Dispute Tribunal’s Statute. Whilst being fully cognizant of the Applicant’s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal’s Statute...

Receivability: The part of the application regarding the decision identified under “g) the possibility of providing a negative reference about [the Applicant] to OLA where [she has] been interviewed and considered for a shortterm position of six months” is to be rejected as not receivable since a request for management evaluation was not filed timely. Merits: The contested decision: The Applicant’s fixed-term contract was terminated following the abolishment of her post due to a lack of funds and therefore subject to availability of suitable posts, the Applicant had the right (“shall”) to be...

Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...

Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the United Nations.; Merits; The...

The reasons given by the Administration to cancel the selection process are rational, reasonable and supported by the record. The cancellation of the vacancy announcement was based on organizational and budgetary reasons. The staff member who had a lien on the post did return to her post. The Applicant presented no arguments of substance to call into question the lawfulness of the decision to cancel the selection process. The Applicant’s candidacy was afforded full and fair consideration and it was within the reasonable discretion of the Organization to cancel the temporary position.