It was reasonable for the responsible official to determine that the status and management of the UNJSPF is a legitimate subject of concern to staff at large and therefore comments made by staff representatives about the management of UNJSPF concern work-related issues. In this regard, the Tribunal notes that staff rule 8.1(f) entitles staff representative bodies to effective participation in identifying, examining and resolving issues relating to staff welfare, including conditions of work, general conditions of life and other human resources policies. It also was reasonable for the...
UNJSPF
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The application is moot as the underlying contested decision in this case has been reversed.
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Subject matter (ratione materiae)
Comments and communications of staff representatives do not have a direct impact on the terms of appointment or contract of employment of an individual staff member. There is no right in the Applicant’s terms of appointment for him to not be subject to comments from staff representatives. There is also no right in the Applicant’s terms of appointment for him to compel the Administration to issue communications in this regard. The Applicant did not submit a request for management evaluation of the decisions or implied decisions identified in the application within the statutory 60-day deadline
TEST -Rename- Benefits and entitlements-45
Compensation for injury, illness or death attributable to service (Appendix D to Staff Rules)
The Applicant’s benefit was properly calculated and that there are no grounds for him to claim additional benefits.
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Staff selection (non-selection/non-promotion)
Written test
The Respondent has minimally shown that the Applicant received a full and fair consideration. The Applicant was lawfully not selected for the Post, as her test result was below the passing score. The requirements the written test directly related to the responsibilities of the contested position. There was no indication of any alterations or discrepancies with the marking methodology. The Organization does not have a promotion system where managers are obligated to develop and train supervisees for promotion opportunities and assist them in career growth and, therefore, job applicants have no...
Discrimination and other improper motives
Staff selection (non-selection/non-promotion)
Interview
Written test
Standard of review (judicial)
The interview questions were reasonable and that the panel’s report was comprehensive, well-structured and thorough, and with reference to Sanwidi, the decision not to recommend the Applicant was therefore not “absurd or perverse†It is uncontested that the Applicant passed the written test, which was administered by the technical panel, whose composition he is now challenging. Accordingly, this composition evidently did not result in any concrete negative consequence(s) for the Applicant in the challenged selection process, but as a general matter, the Tribunal cannot exclude that a situation...
In the present case, in the Applicant’s request for management evaluation, he explicitly “reserved†the determination of the issue of non-pecuniary damages related to the process before ABCC to the situation where his claim for compensation under Appendix D of the Staff Rules was not remanded to the ABCC. As a matter of fact, the Applicant’s Appendix D claim was, however, remanded to the ABCC, and nothing in the case record indicates that the question of non-pecuniary damages was thereafter, as also requested by the Applicant, considered by the MEU. Accordingly, as the Applicant specifically...