����AV

The Tribunal noted the application of two salary scales in this case. One salary scale, effective from 1 January 2015, was applicable to all staff recruited to the General Services category at the Bangkok duty station on or after 1 March 2012. The other salary scale applied to those who were recruited prior to 1 March 2012. The Applicant’s terms of appointment were set by specific agreement and were not impacted in any manner by any decision which was implemented in January 2015 or were disclosed to him when he received his first payslip. He agreed to certain terms and conditions in the offer...

The Tribunal’s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, “[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate”. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. First, the Tribunal noted that the Applicant had failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would...

At the time of the 9 March 2017 communication, the Applicant had been notified of the non-extension of his appointment neither had he received any individual communication regarding his separation entitlements. In short, his individual terms of appointment have not been affected and he had nothing to challenge yet. The first time when the individual decision may have transpired was on the occasion of receipt of a payslip which did not contain termination indemnity. That was the date of the contested decision indicated in the management evaluation. For a payslip to be accepted as such...

UNDT held that the terms and conditions of the employment contract of a staff member are set forth in the letter of appointment and its express incorporation by reference of the Organization’s Regulations and Rules and all pertinent administrative issuances. The Staff Regulations and Rules embody the conditions of service and the basic rights and duties and obligations of United Nations staff members. A decision relating to learning and development opportunities is an administrative decision subject to judicial review. UNDT held that the standard operating procedure for the UN Leaders...

UNDT held that the application was receivable ratione materiae under Staff Rule 11.2(c) and Article 81.(c) of the UNDT Statute. The Applicant submitted and Appendix D claim on 4 December 2019 and a decision was made and communicated to him on 10 December 2019. He submitted that decision for management evaluation in accordance with Staff Rule 11.2(c) and Article 8.1(c) of the UNDT Statute. UNDT held that the 6 June 2019 email, in which the Advisory Board on Compensation Claims (ABCC) thanked the Applicant for bringing a matter to its attention, was not in response to a compensation claim by the...

The Applicant’s view of the broadcast as an implied decision refusing to re-assign him was not receivable because the refusals commenced as far back as 2014. Neither this application nor the request for management evaluation preceding it were made within the time limit for receivable challenges to these decisions. There was no administrative decision concerning negligent handling of the Applicant’s medical concerns as alleged in the application. The broadcast was not a reviewable decision because the Applicant suffered no adverse results. At all times the Applicant was on paid sick leave...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...