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UNICEF had made the Applicant applying and being selected to a UNICEF vacant post a condition for his return. The Tribunal found that by imposing such a condition to the Applicant’s return, UNICEF violated the terms of his secondment, under which the Applicant retained “rights to employment” in the releasing organization (i.e., UNICEF). Compensation in lieu of rescission: although the chain of events lead to ending the Applicant’s permanent appointment with UNICEF, this was not the direct consequence of the contested decision, i.e., conditioning the Applicant’s return to UNICEF service after...

The UNDT found that the decision to deny the Applicant’s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant’s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...

The first issue is determining the Applicant’s date of recruitment as that date establishes the legal framework for the Applicant’s eligibility for ASHI. Under the applicable legal framework, staff members recruited before 1 July 2007 would be eligible for ASHI after five years of eligible service, whereas staff members recruited after 1 July 2007 would be eligible for ASHI after 10 years of eligible service. The Applicant held several appointments of limited duration in 2005-2010 before she was re-employed by UNDP on a fixed-term appointment in November 2010. The Tribunal found that, under...

The Applicant was not entitled to an increase in step, therefore, the Administration had the right to the correction of an error, and it did not constitute a retroactive application of rules and regulations. The Administration lawfully recovered the overpayment of entitlements resulted from an administrative error.

The Tribunal found that Administration properly calculated the Applicant’s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been “re-employed” on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant’s sick leave entitlement of three months on full salary and three months on half salary was calculated...