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Rule 109.1(c)

  • 9.8(c)
  • Annex I
  • Annex II
  • Annex III
  • Appendix B
  • Appendix C
  • Appendix D
  • Article 3.9(g)
  • Article 4.17(b)
  • Chapter IV
  • Chapter X
  • Chapter XI
  • Disposition 9.6(c)(iii)
  • Provisional Rule 11.1
  • Rule 1
  • Rule 1.1
  • Rule 1.1(c)
  • Rule 1.1(j)
  • Rule 1.2
  • Rule 1.2(a)
  • Rule 1.2(b)
  • Rule 1.2(c)
  • Rule 1.2(d)
  • Rule 1.2(e)
  • Rule 1.2(f)
  • Rule 1.2(g)
  • Rule 1.2(h)
  • Rule 1.2(i)
  • Rule 1.2(j)
  • Rule 1.2(k)
  • Rule 1.2(p)
  • Rule 1.2(q)
  • Rule 1.2(r)
  • Rule 1.2(s)
  • Rule 1.2(t)
  • Rule 1.3
  • Rule 1.3(a)
  • Rule 1.5
  • Rule 1.5(a)
  • Rule 1.5(c)
  • Rule 1.6
  • Rule 1.7
  • Rule 1.9
  • Rule 10
  • Rule 10.1
  • Rule 10.1(a)
  • Rule 10.1(b)
  • Rule 10.1(c)
  • Rule 10.2
  • Rule 10.2(a)
  • Rule 10.2(a)(i)
  • Rule 10.2(a)(ii)
  • Rule 10.2(a)(ix)
  • Rule 10.2(a)(v)
  • Rule 10.2(a)(vii)
  • Rule 10.2(a)(viii)
  • Rule 10.2(b)
  • Rule 10.2(b)(i-iii)
  • Rule 10.2(b)(i)
  • Rule 10.2(b)(iii)
  • Rule 10.2(c)
  • Rule 10.2(vii)
  • Rule 10.3
  • Rule 10.3(a)
  • Rule 10.3(b)
  • Rule 10.3(c)
  • Rule 10.4
  • Rule 10.4(a)
  • Rule 10.5
  • Rule 101.1
  • Rule 101.2
  • Rule 101.2(b)
  • Rule 101.2(c)
  • Rule 101.2(d)
  • Rule 101.2(p)
  • Rule 101.3
  • Rule 101.3(a)
  • Rule 103.12
  • Rule 103.15
  • Rule 103.20(b)
  • Rule 104.11
  • Rule 104.12
  • Rule 104.12(b)(ii)
  • Rule 104.12(b)(iii)
  • Rule 104.12(c)
  • Rule 104.13
  • Rule 104.14
  • Rule 104.14(a)(ii)
  • Rule 104.15
  • Rule 104.15(b)(ii)
  • Rule 104.3
  • Rule 104.3(a)
  • Rule 104.3(b)
  • Rule 104.7
  • Rule 104.7(c)
  • Rule 104.8
  • Rule 105.1(c)
  • Rule 105.2
  • Rule 105.2(a)
  • Rule 105.3
  • Rule 107.20(i)
  • Rule 107.9
  • Rule 108.1
  • Rule 109.1(c)
  • Rule 109.1(c)(i)
  • Rule 109.3
  • Rule 109.4(d)
  • Rule 109.7
  • Rule 109.7(a)
  • Rule 11
  • Rule 11.1
  • Rule 11.1(a)
  • Rule 11.1(c)
  • Rule 11.2
  • Rule 11.2 (c)
  • Rule 11.2 (d)
  • Rule 11.2(a)
  • Rule 11.2(b)
  • Rule 11.2(c)
  • Rule 11.2(d)
  • Rule 11.3
  • Rule 11.3(b)(i)
  • Rule 11.3(c)
  • Rule 11.3(ii)
  • Rule 11.4
  • Rule 11.4(a)
  • Rule 11.4(b)
  • Rule 11.4(c)
  • Rule 11.4(d)
  • Rule 11.4(g)
  • Rule 11.5(d)
  • Rule 110.1
  • Rule 110.2
  • Rule 110.2(a)
  • Rule 110.3
  • Rule 110.4
  • Rule 110.4(b)
  • Rule 110.4(b)(i)
  • Rule 110.7(b)
  • Rule 110.7(d)
  • Rule 111.1
  • Rule 111.2.2
  • Rule 111.2(a)
  • Rule 111.2(a)(i)
  • Rule 111.2(f)
  • Rule 112.2(b)
  • Rule 112.3
  • Rule 12.3
  • Rule 12.3(b)
  • Rule 13.1
  • Rule 13.1(a)
  • Rule 13.1(c)
  • Rule 13.1(d)
  • Rule 13.1(e)
  • Rule 13.1(f)
  • Rule 13.11
  • Rule 13.2
  • Rule 13.4
  • Rule 14
  • Rule 14(b)(ii)
  • Rule 17
  • Rule 2.1
  • Rule 204.2
  • Rule 3.1
  • Rule 3.1(b)
  • Rule 3.10
  • Rule 3.10(a)
  • Rule 3.10(b)
  • Rule 3.11(a)
  • Rule 3.13
  • Rule 3.14
  • Rule 3.14(a)
  • Rule 3.15
  • Rule 3.15(ii)
  • Rule 3.16
  • Rule 3.17
  • Rule 3.17(c)
  • Rule 3.17(ii)
  • Rule 3.18
  • Rule 3.18(a)
  • Rule 3.18(b)
  • Rule 3.18(c)
  • Rule 3.18(c)(ii)
  • Rule 3.18(c)(iii)
  • Rule 3.18(e)
  • Rule 3.19
  • Rule 3.19(a)
  • Rule 3.19(g)
  • Rule 3.2(g)
  • Rule 3.3(a)
  • Rule 3.4
  • Rule 3.4(a)
  • Rule 3.4(e)
  • Rule 3.5
  • Rule 3.6
  • Rule 3.6(a)
  • Rule 3.6(a)(iv)
  • Rule 3.6(b)
  • Rule 3.6(d)
  • Rule 3.7
  • Rule 3.7(c)
  • Rule 3.9
  • Rule 3.9(b)
  • Rule 301
  • Rule 301.3(i)
  • Rule 304.4
  • Rule 309.3
  • Rule 309.4
  • Rule 4
  • Rule 4.1
  • Rule 4.12
  • Rule 4.12(a)
  • Rule 4.12(b)
  • Rule 4.12(c)
  • Rule 4.12(c)
  • Rule 4.13
  • Rule 4.13(a)
  • Rule 4.13(b)
  • Rule 4.13(c)
  • Rule 4.14
  • Rule 4.14 (b)
  • Rule 4.14(b)
  • Rule 4.15
  • Rule 4.16
  • Rule 4.16
  • Rule 4.16
  • Rule 4.16(b)(i)
  • Rule 4.16(b)(ii)
  • Rule 4.17
  • Rule 4.17(c)
  • Rule 4.18
  • Rule 4.18(a)
  • Rule 4.18(c)
  • Rule 4.19
  • Rule 4.2
  • Rule 4.3
  • Rule 4.4
  • Rule 4.4(a)
  • Rule 4.4(b)
  • Rule 4.5
  • Rule 4.5(a)
  • Rule 4.5(b)
  • Rule 4.5(c)
  • Rule 4.5(d)
  • Rule 4.6
  • Rule 4.7
  • Rule 4.7(a)
  • Rule 4.8
  • Rule 4.8(b)
  • Rule 4.9(a)
  • Rule 5.1(e)(ii)
  • Rule 5.2
  • Rule 5.2(c)
  • Rule 5.3
  • Rule 5.3(c)
  • Rule 5.3(e)
  • Rule 5.3(f)
  • Rule 5.3(ii)
  • Rule 6.1
  • Rule 6.2
  • Rule 6.2(a)
  • Rule 6.2(b)
  • Rule 6.2(b)(ii)
  • Rule 6.2(f)
  • Rule 6.2(g)
  • Rule 6.2(j)
  • Rule 6.2(k)
  • Rule 6.2(k)(iii)
  • Rule 6.29b)(i)
  • Rule 6.3(a)
  • Rule 6.4
  • Rule 6.5
  • Rule 6.6
  • Rule 7
  • Rule 7.1
  • Rule 7.1(a)
  • Rule 7.1(a)(iv)
  • Rule 7.1(b)
  • Rule 7.10
  • Rule 7.14
  • Rule 7.14(d)
  • Rule 7.15
  • Rule 7.15(h)
  • Rule 7.16
  • Rule 7.2
  • Rule 7.4
  • Rule 7.6
  • Rule 8.1
  • Rule 8.1(a)
  • Rule 8.1(f)
  • Rule 8.2
  • Rule 9
  • Rule 9.1
  • Rule 9.1(a)
  • Rule 9.11
  • Rule 9.11 (a) (vii)
  • Rule 9.12
  • Rule 9.2
  • Rule 9.2(a)
  • Rule 9.2(b)
  • Rule 9.2(c)
  • Rule 9.3
  • Rule 9.3(a)(i)
  • Rule 9.3(c)(i)
  • Rule 9.4
  • Rule 9.5
  • Rule 9.6
  • Rule 9.6
  • Rule 9.6 (c)(i)
  • Rule 9.6.(b)
  • Rule 9.6(a)
  • Rule 9.6(b)
  • Rule 9.6(c)
  • Rule 9.6(c)(i)
  • Rule 9.6(c)(ii)
  • Rule 9.6(c)(iii)
  • Rule 9.6(c)(v)
  • Rule 9.6(e)
  • Rule 9.6(f)
  • Rule 9.6(g)
  • Rule 9.6(h)
  • Rule 9.6(i)
  • Rule 9.7
  • Rule 9.7(a)
  • Rule 9.7(b)
  • Rule 9.7(d)
  • Rule 9.8
  • Rule 9.8(a)
  • Rule 9.9
    • Showing 1 - 5 of 5

    UNDT/2022/105, Nega

    Alternative appointment Priority consideration Abolition of position Abolition of post Termination (of appointment)

    The Applicant was found suitable for available positions. Indeed, for one job opening, he was one of the eight candidates short-listed and convoked to interview. By shortlisting him, the Administration tacitly acknowledged that he was deemed suitable for the position; per Timothy UNDT/2017/080, as a continuing appointment holder facing termination, the Administration was obliged from that point to consider his candidacy on a preferred, non-competitive basis.

    The Tribunal found that the Administration failed in its obligation to make good faith efforts to absorb the Applicant into a new post...

    Appealed
    Full judgment
    Case digest

    UNDT/2009/034, Shashaa

    TEST -Rename- Benefits and entitlements-45 Pension (see also, UNJSPF) Due process Separation from service Expiration of appointment (see also, Non-renewal)

    Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration’s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...

    Full judgment
    Case digest

    UNDT/2010/116, Messinger

    Abolition of post Disciplinary matters / misconduct Harassment (non-sexual) Non-renewal Staff selection (non-selection/non-promotion)

    Harassment allegations: People are entitled to their opinions, even unflattering or wrong-headed, about colleagues. It is only when those opinions are conveyed in ways that constitute harassment or abuse that they become problematical in a legal sense. A genuine opinion about a colleague’s competence that happens to be adverse is not susceptible of criticism. While not placing the delays of the applicant in making complaints about the matters to which he has referred on the scales against him, those delays have made it much more difficult for him to prove they occurred quite as he alleges...

    Full judgment
    Case digest

    UNDT/2010/087, Sprauten

    Staff selection (non-selection/non-promotion) Interview Selection decision

    Case 1. Mere knowledge of or acquaintance with one or more candidates by an interview panel member does not disqualify her or him from being on the panel. It would be otherwise if there were a personal relationship (such as family or friendship) with or personal antipathy for a candidate. The practical apprehension that objective and independent assessment will be adversely affected, quite apart from any issue of fairness, is improper. Where a panel member has another interest that could significantly affect his or her assessment, this should also require exclusion from the panel. In this case...

    Full judgment
    Case digest

    UNDT/2011/199, Mistral Al-Kidwa

    Abolition of post Abuse of process before UNDT/UNAT Costs Appointment (type) Permanent appointment Termination (of appointment)

    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...

    Full judgment
    Case digest