Judge Honeywell
Once he was notified that he would not be separated from the Organization, the Aplicant was not entitled to a repatriation grant for his dependents. By allowing his family to travel back to his country of origin regardless, he incurred the liability of an overpayment of the repatriation grant to which he was not entitled. The Organization was entitled to recover the overpayment from the Applicant.
The Applicant missed the 90-day deadline to file the application which is, therefore, time-barred.
If the comments in a satisfactory performance evaluation do, in fact, detract from the overall rating, they oppositely must constitute a final, and therefore also appealable, decision. If a staff member were not to be granted access to judicial review by this Tribunal of whether disparaging comments detracted from the provided ratings of “successfully meets performance expectations”, such comments would be entirely shielded from any scrutiny whatsoever and their legality would never be capable of any review at all. Accordingly, a central purpose of ST/AI/2010/5 namely, ensuring accountability...
The application is not receivable. The management evaluation request was not receivable because the Applicant did not file a timely request for management evaluation of the contested decision.
There is nothing in the wording of sec. 2.5(a) that prescribes for ruling out of the count of one-year assignments that were preceded by an assignment that lasted less than a year. Accordingly, even though the prior assignment of nine months in Cairo did not itself count as an assignment, the following period in Tripoli, which was for one year, fully meets the requirements to be counted as an assignment. The Tribunal finds that there is no room to interpret the relevant provisions to claim, like the Respondent does, that his return to Tripoli in April 2012 should be considered as a...
The case is moot since a cheque for the reimbursement of a dental claim was already issued prior to the filing of this application. There is no longer any administrative decision to be contested, and the dispute is resolved. It appears that the only remaining issue is an arrangement to make a payment of the bank fee by issuing a cheque or transferring money to the Applicant’s account. This is not a legal question for the Tribunal to adjudicate upon. Regarding moral damages, she has failed to provide any evidence to support her claim of moral damages in either her request for management...
The application is rejected. UN Women, in denying the Applicant’s request for an ex gratia payment in lieu of Special Post Allowance, did not exceed its authority. UN Women did not fail to properly apply staff rule 12.3(b) as the requested ex gratia payment was a matter that could not be treated as an exception to the Staff Rules by applying staff rule 12.3(b). Additionally, under UN Women’s Financial Regulations and Rules, the request made by the Applicant does not fall within the parameters for an ex gratia payment. There is no basis within the regulatory framework for further reward by way...
The Applicant did not challenge the non-renewal of her fixed-term appointment. As the Applicant held a fixed-term appointment which expired, staff rules 9.6(e) and (f) do not apply. Therefore, the Administration had no obligation to make efforts to retain the Applicant. The application is therefore not receivable.
The Tribunal rejects the application as not receivable. The Applicant’s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.