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Starting date of the 90-day time limit to file an application: The UNDT Statute prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration’s response to the request for management evaluation. If the Administration replies after the response period for the management evaluation but before the expiry of the 90-day period, the 90-day period to file an application before the Tribunal starts running again from the date the response is given. Evaluation criteria: It is clear from ST/AI/2006/3/Rev.1 and the Guidelines for programme case...

The UNDT found that the Applicant’s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The UNDT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The UNDT rejected the Applicant’s claims of emotional distress as unproven. The UNDT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...

The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn UNDT/2011/032 which stated that “even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the...

.Outcome: The Respondent is to pay to the Applicant USD10,000 in compensation for emotional harm.

Calculation of compensation. The Tribunal will determine the amount of income the Applicant is likely to have earned but for the impugned decision (pecuniary damages) and the extent of the non-pecuniary harm caused to by the decision to terminate her. Pecuniary damages. It is necessary to consider her fitness to return to work; the likely duration of the contract she could reasonably have expected to have been given; and the amount of work she would likely have been able to perform in view of her disability during the hypothetical contract period. Duration of a hypothetical contract period. It...

The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant’s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...

The Tribunal noted that the delegation of authority in disciplinary matters from the SG to the USG for Management in July 2009 had not been published and as such lacked a substantial requirement for taking legal effect. Moreover, the Tribunal found that the USG for Management could not further delegate this power to another person, since any kind of “sub-delegation” should have been provided for in the initial delegation of authority by the SG to the USG for Management, which was not the case. The decision to dismiss the Applicant was taken by the OIC, USG for Management. The Tribunal found...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact...

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the...