The Tribunal found that the Respondent had provided no rule or precedent based contextual explanation to support his position. The Tribunal, therefore, concluded that the Respondent had not provided any rational explanation for depriving the Applicant of the entitlements to increments afforded under GS Salary Scale 120b to those similarly circumstanced. Accordingly, the Tribunal:
a. Decided to rescind the contested decision;
b. Directed that the Applicant be recognised as having been in continuous service with the United Nations Secretariat from 3 May 1994 and, effective 22 February 2022...
The application is DISMISSED as not receivable.
The Tribunal observed that the letter communicating the contested decision did not indicate whether the Advisory Body on Compensation Claims ("ABCC") considered the exceptional circumstances set out by the Applicant in her request to reopen her claim, which explained the reasons for her not meeting the submission deadline.
The Tribunal, thus, held that the Applicant had succeeded in establishing that the decision not to reopen her claim was irrational. The Tribunal deemed the contested decision as irrational because ABCC ignored factors relevant to whether despite not meeting the four-month...
Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, UNDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.
The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.
In...
The Respondent discharged the evidentiary burden of minimal showing that the decisions regarding abolition of the Applicant’s post leading to non-renewal of his fixed-term appointment and separation were lawful. The witnesses were credible, their evidence was cogent, reliable, consistent and corroborative. It was not contradicted in any meaningful manner. After examining the Applicant’s and his witnesses’ testimonies, the Tribunal was not convinced that the Applicant has made a clear and convincing case to rebut the presumption that the abolition of his post leading to the non-renewal of his...
The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.
In view of the foregoing, the Tribunal:
a. Granted the application and rescinded the contested decision;
b. Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and
c. Directed the Respondent to pay to the Applicant for the delayed payment of said...
The Tribunal held that the decision to create the Deputy Special Representative ("DSR") post did not have any direct adverse consequences for the Applicant, who remained in employment, with the same post and ToRs; in other terms, by the establishment of the DSR post, the Applicant’s role, duties and responsibilities remained unaffected.
The Tribunal held that the Applicant had failed to identify a contestable administrative decision adversely affecting the terms and conditions of her appointment and that therefore her challenge of the DSR post was not receivable ratione materiae.
As to the...
The decision to separate the Applicant from service was lawful. The Administration lawfully undertook the process of separation for abandonment of post under staff rule 9.6(b). The Tribunal found that given the context of the Applicant’s prolonged unauthorized absences from work, together with her inaction and failure to respond to the Administration’s various communications to her, including the request to provide the requisite proof that her absence was involuntary and was caused by forces beyond her control by 9 May 2023, the Administration reasonably determined that the Applicant did not...
The Tribunal DECIDES to dismiss the application in its entirety.
For an application to be considered receivable by the Tribunal, it is essential that the Applicant distinctly identifies the specific administrative decision being contested. This requirement is stipulated under art. 2.1 of the Tribunal’s Statute, which outlines the parameters within which the Tribunal exercises its jurisdiction. The clarity in pinpointing the contested decision ensures that there is a concrete basis for the Tribunal to examine the claims and assess any alleged violations of employment terms.
Under the circumstances, the Tribunal finds that it is hamstrung by the lack of...