UNDT/2011/009, Supetran
The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.
The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.
The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.
The application was closed after the Applicant informed the court that the Respondent had complied with the terms of their settlement agreement.
While finding that there had been a procedural flaw in the FOPA evaluation, inasmuch as the Applicant had been denied a rebuttal, the Tribunal considered that there was not causal effect between this flaw and the non-renewal decision, noting that the contested decision refers only to the third and last appraisal, which was made in accordance with the applicable rules. Resolution 59/296 and reappointment of 300 series staff members under 100 series: The said resolution authorises the Secretary-General to reappoint staff members holding an appointment under the 300 series of former Staff Rules...
The case was closed after UNDT was informed that there had been full compliance with the terms of the settlement agreement.
The case was closed after UNDT was informed that there had been full compliance with the terms of the settlement agreement.
The case was closed after UNDT was informed that there had been full compliance with the terms of the settlement agreement.
The Tribunal found this decision unlawful as not grounded on any valid legal basis. It awarded three months’ net base salary for moral damage.
The Tribunal found that the OIOS decision was an appealable administrative decision but that the application was time-barred. Force of JAB conclusions and recommendations: The Tribunal is not bound by the conclusions and recommendations of the Joint Appeals Board, which is only a consultative body. Tribunal’s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion—that is, even if the issue was not raised by the parties—whether it is competent, pursuant to its Statute, to hear and pass...
The Tribunal observed that the Applicant conceded, in his closing submission, that the distribution and storage of pornographic material using the UNDP equipment constituted misconduct. Therefore, the Tribunal considered the characterization of this charge settled and did not go on to examine it. On due process, the Tribunal found that the investigation was hasty and afforded the; Applicant little opportunity to prepare for his case. On proportionality, the Tribunal held that the lack of due process shown on the part of the Respondent while investigating the Applicant must necessarily count to...