É«¿âTV

Article 10(5) of the Statute of the UNDT is silent as to how compensation to be awarded to a party is to be calculated. The Respondent submits that in such circumstances where there is a lacuna in the internal law of the organization, general principles of law provide a source of internal administrative law and should be applied. The Tribunal agrees with this reasoning and further notes that how this Article will be applied will depend on the particular circumstances of each case. The recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages. An...

Out of the various decisions that the applicant challenged, only those raised in the request for administrative request are receivable. Mere preparatory decisions may not be contested before UNDT, in accordance with article 2, paragraph 1, of its statute. Indeed, those decisions are not of such nature as to affect the staff member’s rights per se; they can be called into question in contesting the main/final decision, but not by themselves. Furthermore, since the applicant had already been promoted by the time he filed the present case, he had no legitimate interest to take legal action.

Scope of the case. The Applicant’s claims of harassment, sexual harassment and abuse of authority presented to the JAB were not independent claims in and of themselves, but merely constituted support for the Applicant’s contention that her due process rights had been violated in the context of the non-renewal and non-extension. Considering the posture of the case presented to the JAB and on review by the Dispute Tribunal, the Tribunal is without authority to re-examine the investigation into the Applicant’s sexual harassment charges. Exceptional case. With respect to the determination whether...

The Tribunal observes that the Applicant’s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant’s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

Abolished posts: The onus is on the Respondent to show that the Organization acted correctly towards the Applicant as a permanent appointee on an abolished post and to demonstrate what good faith steps it took, in accordance with its legal and policy obligations, to assist her with finding alternative employment.Manifest abuse of process: A withdrawal of an admission of liability upon which the parties have relied may result in a finding of manifest abuse of process warranting award of costs.Outcome: Relied ordered: (i) 9 months’ net base salary (breach of rights and loss of chance of...

The Tribunal found that the application, in so far as it impugned a decision that had been rescinded, had to be rejected as irreceivable. Concerning the Applicant’s claim for compensation for moral injury allegedly arising from the contested decision, the Tribunal considered that the causal effect between the Applicant’s troubles and the contested decision had not been demonstrated by the medical certificates provided and thus rejected the claim, without ruling on its receivability. The Tribunal further rejected the Respondent’s request for award of costs against the Applicant because it did...

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal’s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

Based on the JAB recommendation, the Secretary-General had previously awarded the Applicant the amount of USD23,400 (three months net base salary) in compensation for an error in the consideration of her academic qualifications during the selection process. The Tribunal found that, in addition to the above-mentioned error, a number of substantial procedural irregularities had tainted the selection process, including the fact that the Senior Review Group had failed to pre-approve the evaluation criteria as required by ST/AI/2002/4 and met without having developed and published its own...

The Tribunal found that the application was irreceivable as time-barred; it was also without merit because the alleged conflict of interest was not deemed to exist. Independent status: Bodies endowed with an independent status are integrated in the structure of the Organization and, whilst they may not receive instructions from their chain of command in performing the tasks entrusted to them, they are not entirely detached from the Secretary-General’s authority. Administrative decisions: The Tribunal is not competent to examine the legality of acts other than administrative decisions. Redress...