����AV

The Tribunal found that most of the Applicant’s claims were time barred and that those which were not time barred were without merit. It was found that UNON had paid the Applicant’s SPA for the periods when he was entitled to it and that he no longer had any legitimate claims for SPA against UNON. Employment Contract: A contract of employment is personal between the employee in each case and the employer. The terms of one’s employment as stipulated in the letter of appointment or contract of employment is binding in personam between staff member and the organization and one cannot seek to...

The post of Director of Human Rights in UNMISS was not a reclassification of the D-1 post held by the Applicant at UNMIS but a new post created to meet the need of UNMISS. It was classified as D-2 and the post held by the Applicant ceased to exist upon its abolition.; Given the importence of the Human Rights function in the new State, a D-2 post was justified. This was done in an objective manner having regard to the Secretary Council Resolution that governed the transition.; The evidence established that the consideration of the post of the Chief of Human Rights was done in conjunction with...

Classification - There is no evidence that the procedure for a re-classification of the Broadcast Technology Officer (“BTO”) post encumbered by the Applicant in UNMIS was ever undertaken. As already pointed out, the Chief of radio took it upon herself to re-write the competencies of the post to which in January 2010, the Applicant had been competitively recruited before she came on board as Chief of radio, perhaps in order to make the Applicant who was encumbering the post, less eligible.

Delegated Authority - The termination decision was taken without the requisite delegated authority...

Decisions (a) and (b) are found not receivable and decision (c) is found to be unfounded. The Tribunal also finds that the Applicant’s request for management evaluation (MEU request) included a request for SPA which was not addressed by the Organization. The Applicant did not pursue the applicable procedure established in ST/AI/1998/9. In the absence of an actual administrative decision denying a request for reclassification, the application against the continuous refusal to reclassify his post from the P-4 level to the P-5 level is not receivable.The Applicant’s MEU request indicated that he...

The UNDT found that the contested decisions were lawful and that there was no evidence to support the claim that these decisions were motivated by ill will. The Tribunal also expressed its concern at the huge volume of unnecessary as well as irrelevant material that had been filed by the Applicant thereby imposing an onerous burden on the Tribunal at the expense of other cases awaiting a judicial determination.

The Tribunal noted an indication of favouritism towards a particular candidate and a desire to appease the staff council neither of which are consistent with the standard of conduct...

With respect to the issue of classification of the Applicants’ post at the S-3 level, the UNDT found that the Applicants’ claims regarding the Administration’s decision not to proceed with their classification request were receivable. However, based on the evidence in this case—including oral testimony as well as contemporaneous documents—the Applicants did not perform the same exact functions as their S-3 level colleagues. Accordingly, the UNDT found that the Administration’s decision not to proceed with the classification or reclassification of the Applicants’ posts at the S-3 level was...

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. The Tribunal was of the view that it behoves the Applicant to submit to a classification review of her post in accordance with the relevant Staff Regulations and Rules. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career...

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant’s post. The Respondent’s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence – In considering the Respondent’s prayer with regard to the admissibility of Annex 13, the Tribunal...