Ãå±±½ûµØ

OAJ Categories

  • Alternative appointment
  • Priority consideration
  • Termination
  • Abusive conduct
  • Contempt
  • Costs
  • Manifest abuse
  • Definition
  • Implied administrative decision
  • Notification
  • Reasons
  • Administrative decision
  • Appointment of Limited Duration
  • Continuing appointment
  • Fixed-term appointment
  • Permanent appointment
  • Probationary appointment
  • Temporary appointment
  • Benefits and entitlements
  • Benefits and entitlements
  • Disciplinary
  • Non-disciplinary
  • Classification (post)
  • Aggravating/mitigating factors
  • Burden of proof
  • Duty of mitigation
  • Evidence of harm
  • Exemplary/punitive damages (prohibition against award of)
  • In-lieu compensation
  • Loss of chance
  • Maximum amount / exceptional circumstances
  • Non-pecuniary (moral) damages
  • Pecuniary (material) damages
  • Conduct of counsel
  • Abuse of authority
  • Abuse of privileges and immunities
  • Assault (verbal and physical)
  • Breach of duties of independence, neutrality, and impartiality
  • Disciplinary measure or sanction
  • Discrimination (see category: discrimination)
  • Dismissal/separation
  • Facts (establishment of) / evidence
  • Failure to comply with private legal obligations
  • Failure to report misconduct
  • Fraud, misrepresentation and false certification
  • Gross negligence
  • Harassment (non-sexual)
  • Inappropriate or disruptive behaviour
  • Investigation (see category: Investigation)
  • Misuse of information and communication technology resources
  • Misuse of office
  • Misuse of official documents
  • Misuse of or failure to exercise reasonable care in relation to Ãå±±½ûµØproperty or assets
  • Non-disciplinary/administrative measures
  • Procurement irregularities
  • Prohibited activity under ST/SGB/2004/15 (Use of Information and Communication Technology Resources and Data)
  • Proportionality of sanction
  • Retaliation
  • Sexual exploitation and abuse
  • Sexual harassment
  • Theft and misappropriation
  • Unauthorised outside activities and conflict of interest
  • Violation of local laws
  • Disciplinary matters/ misconduct
  • Discretionary authority
  • Bias/favouritism
  • Gender
  • Race
  • Religion
  • Sexual orientation
  • Access to justice
  • Delay
  • Investigation
  • Right to a hearing
  • Right to appeal
  • Right to comment/respond
  • Right to confront complainant
  • Receivability
  • Retaliation
  • Whistleblower
  • Admissibility
  • Anonymous statements
  • Audio-recordings
  • Compensation
  • Corroboration/hearsay
  • Credibility assessment
  • Evidence of harm
  • Medical evidence
  • Production of evidence
  • Sole testimony of complainant
  • global
  • Execution of order pending appeal
  • Interim measure
  • Manifest excess of jurisdiction
  • Production de documents
  • Receivability
  • Suspension of action
  • Due process
  • Fact-finding investigation
  • Scope of investigation
  • Conflict of interest
  • Recusal
  • Judgment
  • Appeals of final judgments
  • Correction of Judgment
  • Execution of Judgment
  • Interpretation of Judgment
  • Revision of Judgment
  • Appeal
  • Interlocutory appeal
  • Manifest excess of jurisdiction
  • Personal (ratione personae)
  • Subject matter (ratione materiae)
  • Temporal (ratione temporis)
  • UNJSPB
  • Jurisdiction / receivability (UNDT or first instance
  • Management Evaluation
  • Manifest excess of jurisdiction
  • Personal (ratione personae)
  • Subject matter (ratione materiae)
  • Temporal (ratione temporis)
  • Jurisdiction / receivability (UNDT or first instance),
  • Legal assistance
  • Legal representation
  • Self-representation
  • Delayed response
  • Extension of time
  • Time limit
  • N/A
  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
  • Informal resolution (between parties)
  • Referral to ombudsman / mediation
  • Performance evaluation
  • Rebuttal
  • Indebtedness to a third party
  • Salary deduction
  • Spousal/child support
  • Private legal obligations
  • Waiver of immunity
  • Admissibility of evidence
  • Case management
  • Confidentiality
  • Oral hearings
  • Production of documents
  • Reasons
  • Discretion
  • Restructuring
  • Referral for accountability
  • Compensation (see also, Compensation)
  • Rescission
  • Specific performance
  • Post-adjustment
  • Salary scales
  • Abandonment of post
  • Constructive dismissal
  • Expiration of appointment (see also, Non-renewal)
  • Termination of appointment (see also, Termination of appointment)
  • Central Review Body
  • Eligibility
  • Full and fair consideration
  • Interview
  • Selection decision
  • Standard of proof
  • Written test
  • Disciplinary cases
  • Non-disciplinary
  • Disciplinary cases
  • Judicial review (general)
  • Non-renewal
  • Staff selection (non-selection/non-promotion)
  • Termination of appointment
  • Irreparable damage
  • Mootness
  • Particular urgency
  • Prima facie unlawfulness
  • Receivability
  • Staff income tax liability
  • Abolition of position
  • Agreed termination
  • Disciplinary sanction
  • Health reasons
  • Summary dismissal
  • Unsatisfactory service
  • Annual leave
  • Compensation for injury, illness or death attributable to service (Appendix D to Staff Rules)
  • Daily Subsistence Allowance (DSA)
  • Danger/hazard pay
  • Death benefit
  • Dependency benefits
  • Education grant
  • Education grant travel
  • Exceptional Voluntary Separation (EVS)
  • Health (medical) and/or dental insurance
  • Home leave
  • Maternity/paternity leave
  • Mobility/hardship allowance
  • Pension (see also, UNJSPF)
  • Personal Transitional Allowance (PTA)
  • Reimbursement of income tax
  • Relocation grant
  • Rental subsidy
  • Repatriation grant
  • Rest and Recuperation
  • Sabbatical
  • Salary
  • Separation travel
  • Sexual harassment
  • Sick leave
  • Special Education Grant
  • Special leave (with or without pay)
  • Special Post Allowance
  • Termination indemnities
  • Test-TermChild-1
  • ASHI (After-Service Health Insurance)
  • Disability
  • Marital/parental legal obligations (spousal/child support)
  • Pension Adjustment System
  • Prior contributory service/restoration of
  • Receivability (UNAT)
  • Standing Committee of UNJSPB (Ãå±±½ûµØJoint Staff Pension Board)
  • Survivor’s benefits
  • UNSPC (Ãå±±½ûµØStaff Pension Committee)
  • Validation of prior service
  • Withdrawal
  • Showing 1 - 10 of 4063

    The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member’s appointment if it had been disclosed to the Organization during the recruitment process.

    In the instant case, the Tribunal...

    The Tribunal found that the Respondent had provided no rule or precedent based contextual explanation to support his position. The Tribunal, therefore, concluded that the Respondent had not provided any rational explanation for depriving the Applicant of the entitlements to increments afforded under GS Salary Scale 120b to those similarly circumstanced. Accordingly, the Tribunal:

    a. Decided to rescind the contested decision;

    b. Directed that the Applicant be recognised as having been in continuous service with the United Nations Secretariat from 3 May 1994 and, effective 22 February 2022...

    The Tribunal observed that the letter communicating the contested decision did not indicate whether the Advisory Body on Compensation Claims ("ABCC") considered the exceptional circumstances set out by the Applicant in her request to reopen her claim, which explained the reasons for her not meeting the submission deadline.

    The Tribunal, thus, held that the Applicant had succeeded in establishing that the decision not to reopen her claim was irrational. The Tribunal deemed the contested decision as irrational because ABCC ignored factors relevant to whether despite not meeting the four-month...

    Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, UNDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.

    The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.

    In...

    The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

    In view of the foregoing, the Tribunal:

    a.     Granted the application and rescinded the contested decision;

    b.     Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

    c.     Directed the Respondent to pay to the Applicant for the delayed payment of said...

    The Tribunal held that the decision to create the Deputy Special Representative ("DSR") post did not have any direct adverse consequences for the Applicant, who remained in employment, with the same post and ToRs; in other terms, by the establishment of the DSR post, the Applicant’s role, duties and responsibilities remained unaffected.

    The Tribunal held that the Applicant had failed to identify a contestable administrative decision adversely affecting the terms and conditions of her appointment and that therefore her challenge of the DSR post was not receivable ratione materiae.

    As to the...

    For an application to be considered receivable by the Tribunal, it is essential that the Applicant distinctly identifies the specific administrative decision being contested. This requirement is stipulated under art. 2.1 of the Tribunal’s Statute, which outlines the parameters within which the Tribunal exercises its jurisdiction. The clarity in pinpointing the contested decision ensures that there is a concrete basis for the Tribunal to examine the claims and assess any alleged violations of employment terms.

    Under the circumstances, the Tribunal finds that it is hamstrung by the lack of...

    The Tribunal found no merit in the application. In particular, the Tribunal found no grounds for the Applicants’ claim that the contested decisions were unlawful or that they were subject to gender discrimination. The Tribunal found that neither Applicant qualified for sec. 6.3(a)(i) parental leave by operation of sec. 1.2 of ST/AI/2023/2, which set a cutoff date of 1 January 2023, nor did they qualify for the 10 weeks special leave under the transitional measures since they did not give birth and were not on maternity leave on 1 January 2023. The Tribunal found that since the Applicants did...