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The Tribunal rescinds the decision to terminate the Applicant’s employment and Orders: (i) the Respondent to reinstate the Applicant to a position whose duties she is able to carry out given the impairment she suffers; (ii) Orders the Respondent to make good the Applicant’s lost earnings from the date of termination of her fixed-term appointment to the date of her reinstatement with interest at 8% per month for the said period; (iii) Orders that the Applicant be paid her entitlement to for the period from 28 March 2007 to 31 July 2007 during which period she was entitled to special sick leave...

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

The Tribunal found that the Organization failed to fulfil its obligations by not making timely payments to the Applicant under art. 11.2(d) of Appendix D for the two periods concerned, and that the amounts paid to the Applicant did not compensate him for the delay in payment as they should have. The Tribunal awarded the Applicant material damages in the amount of USD29,261.86 plus CHF10,544.50, and compensation for any additional taxes due by the Applicant, upon presentation of his tax declarations to the Respondent, resulting from the receipt of a lump sum of USD72,266.46 in 2015, instead of...

United Nations core competency of Communication - Due to sheer incompetence and inefficiency, the Respondent’s agents did not exhibit professionalism when they failed in their duty to give proper, timely and accurate information regarding his employment and health status to the Applicant. They failed also to exhibit the core competency of communication which is required of every staff member. Requirement to file a management evaluation request - The new claims the Applicant sought to be allowed to introduce as part of this case which was instituted in 2012 are separate and distinct issues...

The Applicant does not contest a decision of the Secretary-General but a decision of UNJSPF, which he claims was communicated to him by the Chief of the Office of the UNJSPF at Geneva. The Tribunal has already stated in the past that it is not competent to review UNJSPF decisions. UNJSPF is an entity established to provide retirement, death, disability and related benefits for the staff of its various member organizations. The Secretary-General has no role in the administration of UNJSPF benefits. The UNJSPF is also not one of the agencies, organizations or entities “where a special agreement...

Receivability The Tribunal found the application receivable ratione temporis. Merits The Tribunal considered that while the Administration has a duty of care vis-à-vis its staff members in the management of the social security system and relevant entitlements, the system is based on certification and reporting, with the main responsibility for providing the Administration with the required medical certificates and reports lying on the staff member. Staff members must strictly comply with the legal requirements and provide complete material that contains sufficient precision, including the...

The Tribunal noted that the Applicant did not identify any operative part of Judgment Massi UNDT/2016/100 that would not have been executed. Furthermore, Judgment Massi UNDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi UNDT/2016/100 and was not related to any of the remedies...

Scope of judicial review The Tribunal entertains applications against administrative decisions de novo and without regard to the outcome of the MEU review. Accordingly, the Tribunal will not adjudicate the Applicant’s arguments in relation to the Internal Oversight Office (IOO’s) responses to her request for management evaluation. Whether the contested decision is lawful Whether the Applicant is eligible to receive a termination indemnity In the present case, the Applicant joined WMO on 1 July 1999. Her normal retirement age is thus 62 pursuant to art. 1 of the UNJSPF Regulations. When she...

Management evaluation of the decision concerning Applicant's share of contribution for medical insurance not filed within the statutory deadline. Consequently, this part of the application is not receivable ratione materiae. Application is receivable concerning the decision concerning the Applicant's share of contribution for the United Nations Joint Staff Pension Fund (UNJSPF). Art. 25.b)i) of the UNJSPF Regulations clearly provides that contributions during SLWOP are paid either 1) in full by the staff member, 2) in full by the employing Organization or 3) partly by the staff member and...

1. In relation to the Applicant’s first two claims, the Tribunal recalled that Staff rule 11.2(a) requires any staff member who wishes to formally contest an administrative decision to first submit a request for management evaluation of the administrative decision alleged to be in non-compliance with his or her terms of appointment or contract of employment. In this case, the Tribunal held that the Applicant was required to request management evaluation of those two decisions, but she did not do so. Accordingly, her claims relating to decisions one and two were not receivable ratione materiae...