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Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

Receivability Immunities have been incorporated into the terms of appointment of United Nations staff members—including at the highest level of the Organization’s legal order and ever since its inception—thereby becoming part and parcel of their status and conditions of service. Furthermore, a decision to waive the immunity of a given staff member has evident—potentially dramatic—effects on his or her legal situation. Thus, the contested decision meets all the features of the definition of an administrative decision adopted by the Appeals Tribunal. Accordingly, the Tribunal found the...

Termination for misconduct vs. termination for facts anterior: Termination on the basis of staff regulation 9.3(a)(v) and staff rule 9.6(c)(v) is not to be confused with a measure involving separation as a result of disciplinary proceedings, including in cases where the facts in question could have constituted misconduct. Neither the procedure, nor the standard of proof is to be transposed from one to the other. Regarding in particular the standard of proof applicable to “facts anterior”, in the absence of a clear applicable legal norm or ruling of the Appeals Tribunal, it may not be assumed...

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...

The Tribunal concludes that the Hiring Manager erred in finding that the selected candidate’s Master’s degree was related to, and therefore relevant for, any of the required specifically mentioned areas (computer science, information systems, mathematics, statistics) and wrongly determined that she fulfilled the educational requirement.; The Tribunal concludes that an additional criterion was used to evaluate only the selected candidate for the post, namely field experience, and that this criterion was not included in the Job Opening and the Hiring Manager erred in finding that the selected...

The Tribunal concludes that the Applicant’s application for the three P-3 posts was not fully and fairly considered, since the Hiring Manager did not personally evaluate her candidacy based on the information included in the PHP and e-PAS reports, while formally endorsing the decision of the CSS/OSU not to shortlist the Applicant. The Applicant’s e-PAS reports contained essential information regarding the Applicant’s fulfilment of the highly desirable requirements for the job opening. The Tribunal concludes that it has no competence to order the Secretary-General to assess the way the...

The Tribunal is of the view that in light of the oral evidence presented to the factfinding panel by the FRO and SRO, instead of them following the recommendations of the second rebuttal panel to initiate and provide real support to the Applicant at every stage of the process, they continued their negative behavior towards the Applicant and they did not temporarily rotate/assign him to another position in a different Unit for the following six months (up to one year starting from 19 March 2014), and to allow for the continuation of his third probationary year. The Tribunal concludes that the...

General Assembly Resolution 61/264 (Liabilities and proposed funding for after-service health insurance), adopted on 4 April 2007, introduced a major change in relation to a fundamental and essential contractual right, namely the right to after-service health insurance. The Tribunal is of the view that General Assembly Resolution 61/264 relates to the fundamental human right of medical care/health, which includes the right to after-service health insurance, and should have been implemented through specific and clear staff rules adopted by the Secretary-General. However, due to an inherited...

The Tribunal finds that since the Applicant’s EOD into the United Nations common system is 10 October 2005, the Administration used the incorrect EOD date for the calculation of the termination indemnity due to the Applicant. Therefore, the contested decision is unlawful and stands to be rescinded. The Tribunal finds that the Applicant has placed no evidence whatsoever, illustrating any discriminatory treatment against him. On the contrary, the record indicates that the Respondent took measures to ensure that the Applicant did not suffer hardship following his separation from service by...

The Tribunal held that the Respondent had made more than a minimal showing that the decision not to select the Applicant for the position of D-1, Chief of Service, Humanitarian Affairs, was not tainted by improper consideations. The Applicant failed to show that he was denied a fair chance of promotion. Accordingly, the application was dismissed.