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It is within the Administration’s discretion to reassign a staff member to a different post at the same level. Such a reassignment is lawful if reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. The responsibilities must correspond to the level, the function must be commensurate with the staff member’s competence and skills and the staff member must have substantial experience in the field. An Organization has to act fairly, honestly, justly and transparently towards a staff member. If an Organization offers a staff member a...

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...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...

HLIS acted fairly and transparently in advising the Applicant that she had to update her mailing address to receive her insurance card and did not act in a negligent manner. The applicable law does not allow a retroactive termination of the enrollment in the United Nations Headquarters-administered insurance programme outside of the annual campaign. There was no legal basis for the retroactive cancellation of the Applicant’s enrollment in the United Nations Headquartersadministered insurance programme and reimbursement of the premiums and thus there was no legal basis for any other...

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 claim the Applicant filed on 27 March 2013 was out of time and subject to the Secretary-General’s discretion excercisable “in exceptional circumstances” because she did not submit the claim within four months of knowledge of the injury as required by art. 12 of Appendix D. With respect to the existence of exceptional circumstances, the ABCC disregarded evidence and information provided by the Applicant regarding her medical condition which impeded her ability to direct her attention to the claim for service incurred injury. The ABCC did not consider these reasons, apportion appropriate...

UNDT held that it was a case in which the host country was not forthcoming or did not provide reasons which justified the PNG decision. UNDT held that once the Organisation had verbally stated, determined and notified the Applicant that the allegations against her were not considered misconduct, it had a duty as per Hassouna (UNDT/2014/094) not to change the terms and conditions of her contract. UNDT held that the Secretary-General had the power to reassign the Applicant on an exceptional basis and should have done so. UNDT held that, according to Hassouna, the Organisation could not resort to...

The decision communicated to the Applicant on 29 March 2019 presents essentially the relief sought by the Applicant in his application dated 4 March 2019 and while the Applicant is still insisting on clarification from the Regional Service Centre in Entebbe (RSCE) as to the basis for the impugned decision, this neither minimizes nor negates the fact that the administration acceded to his request and rescinded the impugned decision altogether. The Applicant has not tendered any particulars or evidence to support, prove and/or explain his allegations of harassment, abuse of authority and mental...

The Applicant had unusually received SPA for the more than the four-year period she performed functions at a higher level (February 2012 – June 2016). The post she encumbered was reclassified upwards to the FS-6 level in 2012, not 2006. The Tribunal refused her claim that she was performing higher-level functions between 2006 and 2012 when those functions were not recognized through an upward reclassification as higher-level functions. Additionally, under section 6.2(c) of ST/AI/2003/3, in respect of posts reclassified upwards at established missions, an SPA may not become effective before the...

As MSD is a technical body, the Applicant was required under staff rule 11.2(b) to submit his application against the ABCC’s decision directly to the UNDT without first having recourse to MEU for review.; On the basis of the Applicant’s own admission that no decision has been made in relation to his claim for the injuries to his legs and considering the relevant statutory provisions and jurisprudence, the claim against the SecretaryGeneral under this head must be dismissed on the ground that it is premature.