“Continuous service” occurs if a staff member under two or more consecutive contracts works without any break in employment. A break-in-service cannot be taken into account if the staff member continues to work and be paid. Not every break in employment will effect a discontinuity for the purpose of calculating entitlements. Based on its failures to follow its own internal procedures or its alleged mistakes, the Administration may not impose a break-in-service in order to deny a staff member benefits to which he would otherwise have been entitled. Outcome: Payment of relocation grant to the...
Two types of interim measures - with different functions, preconditions, restrictions and scope - have to be clearly distinguished. Art. 13 RoP has to be applied exclusively during the pendency of the management evaluation, whereas art. 14 RoP is appropriate only during judicial review in terms of art. 2 and 8 Statute; in short: it is either 13 or 14 – never both. Orders based on art. 13 RoP become ineffective with the end of management evaluation. The present application had to be considered under art. 13 RoP since the contested decision of 12 October 2009 was released under new conditions...
There was no basis for inferring the non-renewal was due to irrelevant or improper considerations. Both the applicant and the DCD believed they were telling the truth; their different perspectives simply led them to a different understanding of what had been said. Outcome: The appeal dismissed.
All staff have a right and a duty to report to management any facts that come to their notice which may constitute professional misconduct. The UNHCR Inspector General’s decision not to follow up on the allegations made by the applicant, after an investigation, is an internal measure pertaining to the organization and management of the service which is non- appealable by the staff member who made the allegations, since the alleged misconduct in no way violates the applicant’s rights as derived from his status. In the case at hand, the applicant alleged that his supervisor had wrongly claimed...
The Applicant did not actively or diligently pursue his case because: he failed to give instructions to his Counsel in respect to his challenge against the non-renewal of his fixed-term appointment; he had been informed about the Status Conference by his Counsel and had failed to make an appearance or to contact the Tribunal to give reasons for his absence; his Counsel had advised that as far as she was concerned, the substantive matter in the application had been resolved; and from the documents tendered by the Respondent, the Tribunal was convinced that the substantive matter in the...
A request for an administrative review or management evaluation is mandatory with the exception of disciplinary cases. It is clear from the applicant’s submissions that he was well aware that the decision to stop the payment of his salary and the decision not to renew his appointment are two distinct administrative decisions. The applicant failed to request an administrative review or management evaluation of the decision not to pay his salary. Outcome: The application is not receivable.
The Tribunal highlights the necessity of management evaluation, quoting Nwuke and Caldarone. It is not enough to merely initiate the procedure. On the contrary, the result of Management evaluation has to be awaited generally, before an application may be submitted to the Tribunal. It is not within the Applicant's discretion to evade management evaluation which is considered useless. Outcome: Application was dismissed.
The first management evaluation decision dealt with the issue of the promise made to the Applicant and granted him compensation of three months salary in lieu of further performance of his contract of employment. That decision itself as mentioned earlier does not prevent the Applicant from filing an appeal in respect of the same subject matter that is the non renewal of his contract. Whereas Management has considered the express promise to the Applicant and decided that monetary compensation was sufficient remedy, the Tribunal recalls that it found the “circumstances surrounding the non...
UNDT preliminarily held that only facts occurred from early 2005 to 7 November 2007 were to be taken into consideration with regard to the allegations of harassment leveled by the Applicant. Consequently, reported actions and decisions dating back to 2004, in particular the non-promotion of the Applicant in 2004, were excluded from the present Judgment. Regarding the remainder of the application, UNDT held that the Applicant failed to provide sufficient evidence to substantiate his allegations that he was subjected to harassment by the Organization and that the latter bore responsibility for...
As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.