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The application was dismissed in its entirety. The Tribunal also found that the Applicant has manifestly abused the proceedings before it. The Applicant was ordered to pay costs in the sum of USD 2,000 for abuse of process. On receivability: The Tribunal found that the PDF version of the application attached to the email of 15 September 2012, also copied to OHRM and EO/OCHA, met the requirements of art. 8 of the Rules of Procedure of the Dispute Tribunal. It was moreover identical to the application filed through the e-filing portal on 15 October 2012. The Respondent’s contention that the...

It is not clear when exactly the decision was first notified to the Applicant. However, by email of 23 August 2013, a Senior Human Resources Officer clearly informed the Applicant of the decision and provided him with a comprehensive explanation on the rationale and the legal basis thereof. Thereafter, the Applicant contacted the Chief, HRMS, UNOG, and the Director, Division of Administration, UNOG, seeking reconsideration of his request. By email of 25 November 2013, the Chief, HRMS, noted that the Applicant would soon be informed of the outcome of HRMS consideration of his case. Moreover, on...

Due diligence: A delay in payment of an entitlement under the Staff Rules and Regulations can constitute a violation of a general principle of due diligence and good faith towards staff members, enshrined in the Charter of the United Nations, which is a structural principle of good management practice. Undue delay: In order to assess whether a delay in payment of an entitlement is undue, the Tribunal will look into the time payment would have taken had normal workflows been respected. A delay of eleven months in payment of an entitlement is undue and may warrant compensation provided the...

Once he was notified that he would not be separated from the Organization, the Aplicant was not entitled to a repatriation grant for his dependents. By allowing his family to travel back to his country of origin regardless, he incurred the liability of an overpayment of the repatriation grant to which he was not entitled. The Organization was entitled to recover the overpayment from the Applicant.

UNDT found that at the earliest, the deadline to request management evaluation started to run on 22 August 2019 and expired on 21 October 2019. UNDT held that the Applicant’s 18 October 2019 request for management evaluation was timely and that her application was receivable. UNDT further held that the decision to pay the Applicant’s repatriation grant at the single rate was in accordance with the UNDP Policy as well as Annex IV to the Staff Regulations and Rules of the United Nations and was lawful. UNDT rejected the application in its entirety.