AV

Rule 9.6(a)

  • 9.8(c)
  • Annex I
  • Annex II
  • Annex III
  • Appendix B
  • Appendix C
  • Appendix D
  • Article 3.9(g)
  • Article 4.17(b)
  • Chapter IV
  • Chapter X
  • Chapter XI
  • Disposition 9.6(c)(iii)
  • Provisional Rule 11.1
  • Rule 1
  • Rule 1.1
  • Rule 1.1(c)
  • Rule 1.1(j)
  • Rule 1.2
  • Rule 1.2(a)
  • Rule 1.2(b)
  • Rule 1.2(c)
  • Rule 1.2(d)
  • Rule 1.2(e)
  • Rule 1.2(f)
  • Rule 1.2(g)
  • Rule 1.2(h)
  • Rule 1.2(i)
  • Rule 1.2(j)
  • Rule 1.2(k)
  • Rule 1.2(p)
  • Rule 1.2(q)
  • Rule 1.2(r)
  • Rule 1.2(s)
  • Rule 1.2(t)
  • Rule 1.3
  • Rule 1.3(a)
  • Rule 1.5
  • Rule 1.5(a)
  • Rule 1.5(c)
  • Rule 1.6
  • Rule 1.7
  • Rule 1.9
  • Rule 10
  • Rule 10.1
  • Rule 10.1(a)
  • Rule 10.1(b)
  • Rule 10.1(c)
  • Rule 10.2
  • Rule 10.2(a)
  • Rule 10.2(a)(i)
  • Rule 10.2(a)(ii)
  • Rule 10.2(a)(ix)
  • Rule 10.2(a)(v)
  • Rule 10.2(a)(vii)
  • Rule 10.2(a)(viii)
  • Rule 10.2(b)
  • Rule 10.2(b)(i-iii)
  • Rule 10.2(b)(i)
  • Rule 10.2(b)(iii)
  • Rule 10.2(c)
  • Rule 10.2(vii)
  • Rule 10.3
  • Rule 10.3(a)
  • Rule 10.3(b)
  • Rule 10.3(c)
  • Rule 10.4
  • Rule 10.4(a)
  • Rule 10.5
  • Rule 101.1
  • Rule 101.2
  • Rule 101.2(b)
  • Rule 101.2(c)
  • Rule 101.2(d)
  • Rule 101.2(p)
  • Rule 101.3
  • Rule 101.3(a)
  • Rule 103.12
  • Rule 103.15
  • Rule 103.20(b)
  • Rule 104.11
  • Rule 104.12
  • Rule 104.12(b)(ii)
  • Rule 104.12(b)(iii)
  • Rule 104.12(c)
  • Rule 104.13
  • Rule 104.14
  • Rule 104.14(a)(ii)
  • Rule 104.15
  • Rule 104.15(b)(ii)
  • Rule 104.3
  • Rule 104.3(a)
  • Rule 104.3(b)
  • Rule 104.7
  • Rule 104.7(c)
  • Rule 104.8
  • Rule 105.1(c)
  • Rule 105.2
  • Rule 105.2(a)
  • Rule 105.3
  • Rule 107.20(i)
  • Rule 107.9
  • Rule 108.1
  • Rule 109.1(c)
  • Rule 109.1(c)(i)
  • Rule 109.3
  • Rule 109.4(d)
  • Rule 109.7
  • Rule 109.7(a)
  • Rule 11
  • Rule 11.1
  • Rule 11.1(a)
  • Rule 11.1(c)
  • Rule 11.2
  • Rule 11.2 (c)
  • Rule 11.2 (d)
  • Rule 11.2(a)
  • Rule 11.2(b)
  • Rule 11.2(c)
  • Rule 11.2(d)
  • Rule 11.3
  • Rule 11.3(b)(i)
  • Rule 11.3(c)
  • Rule 11.3(ii)
  • Rule 11.4
  • Rule 11.4(a)
  • Rule 11.4(b)
  • Rule 11.4(c)
  • Rule 11.4(d)
  • Rule 11.4(g)
  • Rule 11.5(d)
  • Rule 110.1
  • Rule 110.2
  • Rule 110.2(a)
  • Rule 110.3
  • Rule 110.4
  • Rule 110.4(b)
  • Rule 110.4(b)(i)
  • Rule 110.7(b)
  • Rule 110.7(d)
  • Rule 111.1
  • Rule 111.2.2
  • Rule 111.2(a)
  • Rule 111.2(a)(i)
  • Rule 111.2(f)
  • Rule 112.2(b)
  • Rule 112.3
  • Rule 12.3
  • Rule 12.3(b)
  • Rule 13.1
  • Rule 13.1(a)
  • Rule 13.1(c)
  • Rule 13.1(d)
  • Rule 13.1(e)
  • Rule 13.1(f)
  • Rule 13.11
  • Rule 13.2
  • Rule 13.4
  • Rule 14
  • Rule 14(b)(ii)
  • Rule 17
  • Rule 2.1
  • Rule 204.2
  • Rule 3.1
  • Rule 3.1(b)
  • Rule 3.10
  • Rule 3.10(a)
  • Rule 3.10(b)
  • Rule 3.11(a)
  • Rule 3.13
  • Rule 3.14
  • Rule 3.14(a)
  • Rule 3.15
  • Rule 3.15(ii)
  • Rule 3.16
  • Rule 3.17
  • Rule 3.17(c)
  • Rule 3.17(ii)
  • Rule 3.18
  • Rule 3.18(a)
  • Rule 3.18(b)
  • Rule 3.18(c)
  • Rule 3.18(c)(ii)
  • Rule 3.18(c)(iii)
  • Rule 3.18(e)
  • Rule 3.19
  • Rule 3.19(a)
  • Rule 3.19(g)
  • Rule 3.2(g)
  • Rule 3.3(a)
  • Rule 3.4
  • Rule 3.4(a)
  • Rule 3.4(e)
  • Rule 3.5
  • Rule 3.6
  • Rule 3.6(a)
  • Rule 3.6(a)(iv)
  • Rule 3.6(b)
  • Rule 3.6(d)
  • Rule 3.7
  • Rule 3.7(c)
  • Rule 3.9
  • Rule 3.9(b)
  • Rule 301
  • Rule 301.3(i)
  • Rule 304.4
  • Rule 309.3
  • Rule 309.4
  • Rule 4
  • Rule 4.1
  • Rule 4.12
  • Rule 4.12(a)
  • Rule 4.12(b)
  • Rule 4.12(c)
  • Rule 4.12(c)
  • Rule 4.13
  • Rule 4.13(a)
  • Rule 4.13(b)
  • Rule 4.13(c)
  • Rule 4.14
  • Rule 4.14 (b)
  • Rule 4.14(b)
  • Rule 4.15
  • Rule 4.16
  • Rule 4.16
  • Rule 4.16
  • Rule 4.16(b)(i)
  • Rule 4.16(b)(ii)
  • Rule 4.17
  • Rule 4.17(c)
  • Rule 4.18
  • Rule 4.18(a)
  • Rule 4.18(c)
  • Rule 4.19
  • Rule 4.2
  • Rule 4.3
  • Rule 4.4
  • Rule 4.4(a)
  • Rule 4.4(b)
  • Rule 4.5
  • Rule 4.5(a)
  • Rule 4.5(b)
  • Rule 4.5(c)
  • Rule 4.5(d)
  • Rule 4.6
  • Rule 4.7
  • Rule 4.7(a)
  • Rule 4.8
  • Rule 4.8(b)
  • Rule 4.9(a)
  • Rule 5.1(e)(ii)
  • Rule 5.2
  • Rule 5.2(c)
  • Rule 5.3
  • Rule 5.3(c)
  • Rule 5.3(e)
  • Rule 5.3(f)
  • Rule 5.3(ii)
  • Rule 6.1
  • Rule 6.2
  • Rule 6.2(a)
  • Rule 6.2(b)
  • Rule 6.2(b)(ii)
  • Rule 6.2(f)
  • Rule 6.2(g)
  • Rule 6.2(j)
  • Rule 6.2(k)
  • Rule 6.2(k)(iii)
  • Rule 6.29b)(i)
  • Rule 6.3(a)
  • Rule 6.4
  • Rule 6.5
  • Rule 6.6
  • Rule 7
  • Rule 7.1
  • Rule 7.1(a)
  • Rule 7.1(a)(iv)
  • Rule 7.1(b)
  • Rule 7.10
  • Rule 7.14
  • Rule 7.14(d)
  • Rule 7.15
  • Rule 7.15(h)
  • Rule 7.16
  • Rule 7.2
  • Rule 7.4
  • Rule 7.6
  • Rule 8.1
  • Rule 8.1(a)
  • Rule 8.1(f)
  • Rule 8.2
  • Rule 9
  • Rule 9.1
  • Rule 9.1(a)
  • Rule 9.11
  • Rule 9.11 (a) (vii)
  • Rule 9.12
  • Rule 9.2
  • Rule 9.2(a)
  • Rule 9.2(b)
  • Rule 9.2(c)
  • Rule 9.3
  • Rule 9.3(a)(i)
  • Rule 9.3(c)(i)
  • Rule 9.4
  • Rule 9.5
  • Rule 9.6
  • Rule 9.6
  • Rule 9.6 (c)(i)
  • Rule 9.6.(b)
  • Rule 9.6(a)
  • Rule 9.6(b)
  • Rule 9.6(c)
  • Rule 9.6(c)(i)
  • Rule 9.6(c)(ii)
  • Rule 9.6(c)(iii)
  • Rule 9.6(c)(v)
  • Rule 9.6(e)
  • Rule 9.6(f)
  • Rule 9.6(g)
  • Rule 9.6(h)
  • Rule 9.6(i)
  • Rule 9.7
  • Rule 9.7(a)
  • Rule 9.7(b)
  • Rule 9.7(d)
  • Rule 9.8
  • Rule 9.8(a)
  • Rule 9.9
  • Showing 11 - 17 of 17

    The Tribunal reviewed the evidence on record and found that the Organization followed the instructions provided by the Appeals Tribunal in Gueben et. al. 2016-UNAT-692, and properly considered the Applicant’s suitability for a permanent appointment in the reconsideration exercise that led to the contested decision of 17 March 2017. According to the evidence on file, the Administration assessed the Applicant’s qualifications, competencies and transferable skills while taking into account the overall interests of the Organization. Considering that UNKART is a downsizing entity, the Tribunal...

    Receivability What is the contested decision? The Tribunal found that the Applicant did not contest the decision to grant her a permanent appointment, as argued by the Respondent. Rather, the Applicant contested the decision not to “provide her with an effective remedy” after having been granted a permanent appointment with retroactive effect to 30 June 2009, namely not being given employment against the permanent appointment or, in the alternative, not being granted compensation equivalent to the termination indemnity. Does the principle of “res judicata” apply? The Applicant requests to be...

    The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. UNDT/2019/122. The Tribunal concluded that Judgment No. UNDT/2019/122 related solely to the Applicant’s challenge against MONUSCO’s decision to abolish his post by way of a “dry cut” and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant’s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant’s assertion that...

    Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

    Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

    Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...

    Termination indemnity serves to provide sufficient means of survival for the staff member to identify a regular placement in the labour market, and thus is computed dependent on the length of service. It serves to compensate for the premature loss of employment and also discourages inconsiderate use of termination by the Respondent. Termination indemnity operates on the premise that the protected interest is in preserving the contract and not in generating more profit for the employee. The applicable legal framework for abolishment of post does not confer upon a staff member a right to have...