MONUSCO
UNDT/2021/085, Mukhopadhyay
The Applicant did not advance any exception to the rule that General Assembly resolutions may not be amenable to judicial review by the Tribunal. Those exceptions arise where the Secretary-General is mandated to interpret an ambiguous regulatory decision, to comply with procedures or where the implementation of the resolution involves application of a criteria. In the instant case, the Secretary-General’s role in implementation of the resolution to abolish the P-4 Engineering position was mechanical and was not reviewable . In that regard, the Respondent was correct that that limb of the...
UNDT/2021/051, Bamba
The established facts qualified as misconduct under the Staff Regulations and Rules. There was evidence that the totality of the circumstances, including mitigating factors such as the Applicant’s long service with the Organization and her admission, albeit only after the Organization’s discovery of her fraud, were considered in keeping with set principles. There was basis for the assertion that the practice of the Secretary-General in disciplinary matters shows that measures at the stricter end of the spectrum have normally been imposed by the Organization in cases involving falsification of...
UNDT/2021/018, Kuate
The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant’s status as “divorced”, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.
UNDT/2022/010-Corr.1, Mukhopadhyay
The Tribunal found that the Respondent complied with the judgment and took steps to execute the judgment accordingly. The Applicant failed to show that the judgment remains unexecuted. The Tribunal held that the express notice in the form of the memorandum from the Respondent advising the Applicant of his reinstatement from date of separation in compliance with the judgment was proof of execution.
UNDT/2022/010, Mukhopadhyay
The Tribunal found that the Respondent complied with the judgment and took steps to execute the judgment accordingly. The Applicant failed to show that the judgment remains unexecuted. The Tribunal held that the express notice in the form of the memorandum from the Respondent advising the Applicant of his reinstatement from date of separation in compliance with the judgment was proof of execution.