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The Tribunal found that art. 17 does not refer to an evaluation by a medical practitioner selected by the Administration in cases of requests for reconsideration and that the Administration failed to follow the correct procedure when it did not convene a medical board. It further noted that the Administration could not, under art. 17, use an independent medical evaluation by a practitioner established in the framework of the initial assessment of a disability benefit under the Pension Fund Regulations. The Tribunal further stressed that the independent medical evaluation failed to address the...

Taking into consideration the Respondent’s response that the internal processes had not yet reached finality, the Tribunal found that it would not be appropriate to consider the matter until such time as all applicable and relevant procedures had been concluded. Consequently, the application was deemed premature and dismissed as irreceivable.

The fact-finding panel established that the allegations were well founded and the conduct in question amounted to possible misconduct. In the circumstances, the mandatory language of section 5.18(c) of ST/SGB/2008/5 required a referral to the ASG/OHRM for disciplinary action in accordance with the applicable disciplinary procedures. Failure to make such a referral on the part of the Head of Mission was an error of procedure which denied the Applicant his contractual right to be afforded the benefit and protection against prohibited conduct in accordance with ST/SGB/2008/5. The Administration...

UNDT held that the separation of female and male candidates for their comparative assessment and ranking at the Second Round constituted a fundamental error in the implementation of the Promotions Policy, and could not be justified by the High Commissioner’s decision to award an equal number of promotions to female and male staff members which was, in any event, announced towards the end of said Round. UNDT held that the exclusion of the e-PADs from the Panel members’ comparative assessment of the candidates during the Second Round constituted another fundamental procedural error in the...

UNDT held that the separation of female and male candidates for their comparative assessment and ranking at the Second Round constituted a fundamental error in the implementation of the Promotions Policy, and could not be justified by the High Commissioner’s decision to award an equal number of promotions to female and male staff members which was, in any event, announced towards the end of said Round. UNDT held that the exclusion of the e-PADs from the Panel members’ comparative assessment of the candidates during the Second Round constituted another fundamental procedural error in the...

Receivability –The Applicant’s patience in waiting for the Secretary-General to decide on when to grant him appropriate remedies cannot be used against him. It is not in contention that as soon as he was informed that the Secretary-General had decided that the appropriate remedies he was promised meant no remedies at all, the Applicant approached the Tribunal. The Applicant’s claims in regard to the other administrative decisions of tampering with a published vacancy announcement and the membership of the former incumbent of the position on the interview panel which were affirmed in management...

The Tribunal held that the denial of the Applicant’s request for retroactive promotion was lawful. The Tribunal advanced the following reasons: a) It was legitimate for the ASG/OHRM to invoke a reason for denial of retroactive promotion that would have created technical problems and additional costs as pension contributions; b) The deninal of the Applicant’s request for a retroactive promotion was not unlawful because of the length of the selection process, given that the selection concerned a promotion for a D-1 position requiring utmost care in the examination and consideration of the...

It is unequivocally incumbent upon the Organization to provide anyone who files a complaint with a properly reasoned decision, especially when the complaint is being rejected. This also enables the staff member to promptly exercise other available options including a challenge to that decision. Endless email communications do not provide staff members with finality of a determination, thus placing them in a precarious situation if they are to challenge such a decision taking note of statutory time-limits.; This Tribunal found that the decision of the former UNICEF Representative PCO not to...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant’s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant’s contract, constitutes a separation...

The Applicant’s actions were reasonable and in accordance with her obligation to carefully verify the cost of administrative services, procurement and logistical support, since all the costs were supported by UNAMI, in order to ensure that all the provisions of the OIOS Audit Manual were respected. There was no concrete negative result on the planned audit resulting from the annulment of the first MOP and that the Applicant’s actions, which she was taking in her capacity as CMS in UNAMI, consisting in a careful review of the alternative means to a face-to-face visit which could have resulted...