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Compensation: The elements of Applicant’s compensation were: applicable salary, plus post adjustment, less staff assessment, less pension contribution made by Applicant, less amounts paid to Applicant on separation, less mitigation damages earned by Applicant, plus accrued vacation, plus personal distress award of USD4,000, plus e-PAS violation of USD6,000. Pension: Since, based on the facts from Beaudry UNDT/2010/039, it was unlikely that the Applicant would have had her contract renewed until her retirement, the Applicant would not have qualified for any retirement benefits, including...

Economic loss: Since the applicant was due to retire at the time the selection would have been made, his economic loss was the value of the salary and emoluments of an ASG, without any adjustment for the receipt of entitlements as a D-2 Director, which is a simple calculation of the gross earnings minus deductions, plus the respondent’s subsidy contributions. Any actual income he made is adjusted against this amount. Pension: The pension calculation is more difficult. Two methods of calculation are open as the Pension Fund has stated it will not recalculate the applicant’s pension: the first...

Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had UNICEF properly complied with its own rules. Length of a new contract: Had UNICEF fulfilled its obligations, the Applicant would have been offered a new contract as a two-year fixed-term appointment. Possible renewal: It could not be assumed that, had the Applicant been offered a new contract, then this contract would automatically have been renewed indefinitely—the...

Based on the JAB recommendation, the Secretary-General had previously awarded the Applicant the amount of USD23,400 (three months net base salary) in compensation for an error in the consideration of her academic qualifications during the selection process. The Tribunal found that, in addition to the above-mentioned error, a number of substantial procedural irregularities had tainted the selection process, including the fact that the Senior Review Group had failed to pre-approve the evaluation criteria as required by ST/AI/2002/4 and met without having developed and published its own...

30 v. 60-day mark candidates: It is clear from the provisions of ST/AI/2006/3—in particular sections 4.5, 7.1 and 9.2, as well as paragraph 3 of annex I and paragraph 4 of annex III—that applications of candidates eligible to be considered at the 30-day mark must be considered before those of candidates eligible to be considered at the 60-day mark. 60-day mark candidates may only be considered if there are no qualified 30-day mark candidates. Compensation: In setting the appropriate amount of compensation, the Tribunal must assess the chance that the Applicant would have been promoted had the...

The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.

The Tribunal found that it is not competent to examine decisions taken by the UNJSPF. The application was dismissed.

When joining UNOPS in 2009, the Applicant’s nationality for Ãå±±½ûµØpurposes had been recorded as French. Since then, he had submitted various requests to have this changed, however, despite several negative decisions rejecting his request he submitted a request for management evaluation only in 2013. He had also, while being aware that his request for change of nationality was rejected, submitted education grant claims. These claims were approved and processed by UNOPS, by mistake, and between 2011 and 2012 he was paid over USD60000 for school years 2009 through 2012. The Tribunal found that the...

Role of the MEU - The MEU’s role is restricted to conducting an impartial and objective evaluation of administrative decisions contested by staff members of the Secretariat to assess whether the decision was made in accordance with rules and regulations and not to act as Co-Counsel for the Respondent. Respondent’s disclosure of legally privileged email communications between the Applicant’s Counsel and MEU - Such activity compromises the perception of MEU as an independent, impartial and objective Unit and “would leadto the complete absence of any form of communication or possible mediation...

The Tribunal found the application receivable since the contested decision was a new and separate aministrative decision distinct from any decisions issued by the UNJSPF Board in relation to their pensions. The Secretary-General decided not to grant the relief requested by the Applicant in the contested decision and thus this is a separate administrative decision.; There was no mention in the Applicants’ acceptance of their appointments confirming that they were also provided with a copy of the UNJSPF Regulations, being therefore aware of their content and accepting their contracts to be...