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On receivability: Applying the test of Gabaldon, even though all the conditions of staff rule 4.8 had not been fulfilled, the Applicant had locus standi and was legitimately entitled to similar rights as those of staff members and that the Organization must be regarded as having extended to her the protection of its administration of justice system. She held a valid contract, the scope of which must be determined when other issues are considered. The reach and application of Gabaldon is indeed limited and does not entitle the Applicant to take full benefit of the Staff Regulations regarding...

An assault on a co-worker in connection with work constitutes misconduct, no matter the type of contract or appointment. The direct evidence from written statements, confirmed by strong circumstantial evidence adduced both in the investigation and at the hearing, taken cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. In the Applicant’s case, whereas the Tribunal would not be inclined to rely heavily on “character witnesses” heard rather selectively, the mere fact that the...

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, UNMISS Human Resources Section (HRS), the UNMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant’s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and UNMISS/HRS owed a duty to the Applicant to advise him of the option...

The Tribunal found that the Applicant was notified of the contested decision on 7 June 2017. In accordance with the time-limits provided by staff rule 11.2(c ), the Applicant had until 6 August 2017 to submit his request for management evaluation. Rather, the Applicant submitted his request on 21 August 2017. Accordingly, his request was timebarred and his application before the Tribunal not receivable ratione materiae. Consequently, the application was dismissed.

The Tribunal found that the Applicant was notified of the contested decision on 7 June 2017. In accordance with the time-limits provided by staff rule 11.2(c ), the Applicant had until 6 August 2017 to submit his request for management evaluation. Rather, the Applicant submitted his request on 20 August 2017. Accordingly, his request was timebarred and his application before the Tribunal not receivable ratione materiae. Consequently, the application was dismissed.

Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the United Nations.; Merits; The...

The Administration, contrary to its own policies, took into account the Applicant’s functional title only without considering his actual functions vis-à-vis the other P-4 posts in the JAOC. By neglecting to look beyond the Applicant’s functional title, the Administration unlawfully determined that the Applicant would be subject to a dry-cut. Significantly, the Applicant held a continuing appointment. Thus, applying the UNMIL Guidelines to the present case, the Applicant should have been automatically retained since there were, at the time of this application, other P-4 staff members in his...

Regarding the merits, the abolishment of a number of posts was decided by the; General Assembly. This decision is outside the Tribunal’s jurisdiction. The SecretaryGeneral’s role was to implement it through identifying particular posts for reduction. In the process, the Applicant’s post was so selected, which entailed the decision on termination of his appointment. The Tribunal’s cognizance extends over reviewing the appropriateness of the steps which led to this decision, however, in so far only as they are attributed to the Secretary-General. Prima facie, the Tribunal finds no reason to...

The reason given to the Applicant for the impugned decision, namely, the organizational restructuring at UNFPA, is supported by the facts. Evidence shows that UNFPA suffered the significant financial shortfalls, and UNFPA, facing such a precarious financial situation, undertook the genuine organizational restructuring which resulted in the abolition of the Applicant’s post and the termination of her appointment. While the Applicant claims improper motives, the Tribunal finds that she presented no supporting evidence and thus did not meet the burden of proof in this regard. The Organization’s...

The Applicant did not respond to a case management order. She was therefore no longer interested in the pursuit and outcome of the proceedings which were deemed to have been abandoned. The matter was dismissed for want of prosecution.