UNDT/2013/067

UNDT/2013/067, Benchebbak

UNAT Held or UNDT Pronouncements

Staff rule 12/3(b) – exception to staff rules: The Tribunal held that under the unique circumstances of this case, that is, the requests from MINURSO recognizing the Applicant’s suitability for the post and the Mission’s dire operational needs, for the Respondent to have properly complied with staff rule 12.3(b), the Applicant’s existing educational qualifications along with his professional qualifications and language skills should have been considered regardless of whether or not they were equivalent to a high school diploma.

Decision Contested or Judgment Appealed

The Applicant contested the decision to not renew his contract on the basis that he did not have the requisite educational requirements. The Tribunal therefore considered whether the Applicant’s request for an exception under staff rule 12.3(b) was properly considered prior to the non-renewal decision being made.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Applicant was awarded six months net base salary.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Benchebbak

Entity

MINURSO

Case Number(s)

UNDT/NBI/2011/70

Tribunal

UNDT

Registry Location :

Nairobi