51³Ô¹Ï

The Applicant’s request for management evaluation pertains solely to the decision to withdraw his offer of employment based on a negative reference verification. Accordingly, the only decision that could be subject to a suspension of action order is the withdrawal of the offer. The Applicant’s impending separation from service, however, is a natural consequence of the temporary appointment he voluntarily accepted. It is not part of the contested decision. As a result, the application is not receivable insofar as it seeks to challenge the “implementation of [the Applicant’s] separation from...

The UNAT held that the UNDT erred with respect to the period for which the staff member was entitled to an SPA. The UNDT found that the requirements for an SPA had been met for the period 1 August 2015 to 31 January 2018, but due to the timing of his request in December 2018, he was entitled to payment only starting 21 December 2017. The UNAT agreed with the Secretary-General’s argument that even this payment was in error, because the staff member’s claim to the SPA was made several years after the entitlement to the initial payment came into play in August 2015. The UNAT held that the...

As a preliminary matter, the UNAT held that the fact that the UNDT might have repeated some or most of the Respondent’s arguments and language in its judgment would not be sufficient to undermine the UNDT’s considerations or determinations.

Regarding the scope of the appeal, the UNAT held that since the remedy claimed in the appeal does not aim for the rescission of the reassignment, but the placement into a P-5 or D-1 post commensurate with the Appellant’s skills, training, qualifications, and experience for which she has applied and which was not the subject of her initial application, the...

Assessment of prima facie unlawfulness: In the course of suspension of action proceedings sufficient proof of the facts must be presented in view of the strict time limits governing the suspension of action procedure.

The Tribunal found that the Administration, which acknowledged its mistake, was entitled and bound to recover the money that had been paid to the Applicant in excess of his entitlements as a result, albeit limited to the period of two years provided for in sec. 3.1 of ST/AI/2009/1. The application was dismissed.

- Having weighed both accounts of the factual background of the case, alongside the evidence on record, the Tribunal finds that there was clear evidence of unsatisfactory performance during the period leading to the Applicant’s separation from service. Thus, it finds no wrong in the decision to terminate the Applican’s continuing appointment. - The accidents reported by the Applicant occurred after she received the letter terminating her contract effective immediately. Hence, at the time of the accident the Applicant was no longer a staff member of the Organization. As a result, she was not...