����AV

Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

Receivability Contested decisions Considering the Applicants’ submissions as a whole, the contested decisions are to be identified as Secretary-General’s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants’ salaries into a separate allowance. The Applicants do not challenge the General Assembly’s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization’s duty to provide access...

The applicability of the duty of care to International Organizations had already been addressed in the earliest years of the United Nations: in its Resolution 258/III of December 3, 1948, the United Nations General Assembly raised “with greater urgency … the question of the arrangements to be made by the United Nations with a view of ensuring to its agents the fullest measure of protection”. The duty of care was formally addressed in ST/SGB/2009/7 (Staff Rules - Staff Regulations of the United Nations and provisional Staff Rules), by requiring the Secretary-General to ensure, having regard to...

Receivability: the Applicant could not separately challenge the decisions to abolish his post and to create a new one. This does not mean that the Applicant, while contesting his separation from service, cannot raise arguments touching upon prefatory steps taken in the process leading to such decision and which contributed to it. The need for the Tribunal to go beyond the examination of the decision not to renew the Applicant’s contract is particularly acute in the present case, where the decision to abolish the Applicant’s ARR(O) post and to create a new one cannot be dissociated from the...

The Applicant, as an ad litem judge of the ICTY, is considered to be a “non-Secretariat United Nations official”. It follows that the Applicant cannot be considered as a former United Nations staff member within the meaning of art. 3.1 of the Dispute Tribunal’s Statute. Whilst being fully cognizant of the Applicant’s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal’s Statute...

The Tribunal is of the view that in light of the oral evidence presented to the factfinding panel by the FRO and SRO, instead of them following the recommendations of the second rebuttal panel to initiate and provide real support to the Applicant at every stage of the process, they continued their negative behavior towards the Applicant and they did not temporarily rotate/assign him to another position in a different Unit for the following six months (up to one year starting from 19 March 2014), and to allow for the continuation of his third probationary year. The Tribunal concludes that the...

The Tribunal concluded that the decision to separate the Applicant was discriminatory, constituted abuse of authority and was therefore unlawful because of the apparent bad faith on the part of the Applicant’s supervisor in initiating and concluding a new recruitment contrary to the Civilian Staffing Review recommendation, and her unauthorized nationalization of the Applicant’s post one year before the approved date. To ensure the Applicant’s continuity of service when decisions are being made about her eligibility for a continuing appointment and after service health insurance, the Tribunal...

If all candidates are treated in the same manner, there is no discrimination. The candidates for the job opening were treated equally with regard to the notice given to scheduling of interviews and taking of the written assessment. This may not have been ideal and represents poor managerial practice, but without evidence in support of any ulterior motive or how the failure to give the five working days’ notice prejudiced the Applicant, the Tribunal does not find that this failure amounted to discrimination per se (see Lennard UNDT/2014/044, at paras. 34 to 37). The definition of an “assessment...

In circumstances where an applicant is not provided with the whole of the documentation involved in a matter sought to be brought before the Tribunal, it is essential that as material is provided to an applicant there be a right to amend an application. To not allow the amendment of the application would not “do justice to the parties” or “lead to the fair disposal of the case”. Clearly, not permitting an amendment of the application when the true state of affairs is revealed for the first time by the Respondent would offend the inherent obligations of the Tribunal consistent with the...