UNDT/2012/027, Servas
When the Tribunal is requested to exercise its jurisdiction under articles 2.1(c) and 8.2 of its Statute, the Tribunal’s competence is limited to verifying whether the agreement reached through mediation has been implemented.Outcome:
The Applicant filed an application to enforce the implementation of an agreement reached through mediation. The said agreement provided among other things that: “The International Trade Centre shall retroactively separate and reappoint [the Applicant] to the P-2 level, step I as from June 1st 2010 until the expiration of [the Applicant’s] current appointment on July 18th 2011.” The Applicant claims that ITC failed to comply with its obligations arising from the agreement by refusing to change her title and grade on her performance appraisal report from G-5 Programme Assistant to P-2 Associate Adviser. The Tribunal found that the terms of the agreement required ITC to retroactively put the Applicant in the administrative situation in which she would have been had she been appointed at the P-2 level, including to modify her performance evaluation report to reflect her title as P-2 Associate Adviser. It ordered ITC to modify the Applicant’s performance evaluation report accordingly. The Tribunal rejected all other claims.
N/A
Judgment in favour of applicant in part (only specific performance ordered)