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Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management’s (OHRM) list of non-family “duty stations,” as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management’s (OHRM) list of non-family “duty stations,” as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Lateral reassignment: The Tribunal held that the decision to laterally transfer the Applicant was lawful as it fulfilled the conditions for such a transfer as set out in Rees. The new post was at the staff member’s grade; the responsibilities involved corresponded to his level; the functions to be performed were commensurate with the Applicant’s competence and skills and the Applicant had substantial experience in the field. Reasons for the contested decision: The Tribunal held that the Applicant’s complaints about the lack of or the adequacy of reasons for the decision were unsubstantiated...

UNDT held that the conduct of the Acting Chief of Mission Support and the Applicant’s direct supervisor constituted an abuse of authority in their treatment of the Applicant. Given the gross injustice meted out to the Applicant by her managers, UNDT awarded her compensation representing twelve months' net base salary. UNDT awarded the Applicant three months’ net base salary as moral damages. UNDT awarded the Applicant USD5,000 for the unfair treatment at the hands of her managers. UNDT noted that the two managers literally destroyed the Applicant’s career and made decisions in clear breach of...

The Tribunal found that the Applicant’s fixed-term appointment was not renewed because contrary to its claims, the UNMIL Administration did not follow proper procedures in determining whether he should be reassigned to the new D-1 position in the office of the D/SRSG Rule of Law. The Tribunal also found that the Applicant was not given full and fair consideration for the new D-1 position in the office of the D/SRSG Rule of Law and that the guidance provided in the Secretary-General’s report and the counsel of the General Assembly were ignored. Due process – No comparative review or any review...

Case No. UNDT/GVA/2015/129

Contingency of the Applicant’s FTA: return of Mr. C. to post No. 501057

Under sec. 6.7 of ST/AI/2010/3, in cases of secondment, a lien against a specific post shall only be granted for up to two years, after which it shall be surrendered. No discretion is granted to the Administration for extending the lien beyond the two years. Quite distinctly, para. 7 of ST/AI/404 allows the Administration to extend the mission assignment beyond the two years period, and continue blocking a specific post in the parent department, provided there is a specific written agreement to...

No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.

Filling of a vacancy by a lateral transfer: The choice of filling a post by lateral move—without going through a fullfledged competitive selection process—is provided for by sec. 2.5 of ST/AI/2010/3 and does not per se violate any of the superior rules prescribing the goal of ensuring the highest standards of efficiency, competency and integrity. Nevertheless, as any discretionary decision, such course of action must not be arbitrary, capricious, tainted by improper motives, based on erroneous or irrelevant considerations, procedurally flawed or resulting in a manifestly unreasonable outcome...

In the instant case, the Respondent showed that three available P-5 posts were identified as suitable to the Applicant’s qualifications and experience and that he was invited to apply for them for consideration. If the Applicant had put a foot in the door by applying to any of them, then the next stage would have been for the Tribunal to examine whether UNFPA selected a non-permanent staff member above the qualified Applicant thus denying the Applicant of the protections afforded him by staff rules 9.6(e) and 13(d). Good faith efforts on both sides means that both parties cooperate to identify...

The Tribunal concluded that the application was generally not receivable because the Applicant was specifically challenging MEU’s negative responses to her various requests for management evalution. This conclusion nothwithstanding, the Tribunal reviewed each of the Applicant’s claims and concluded that they were not receivable because she: failed to identify an administrative decision within the meaning of art. 2.1(a) of the UNDT Statute in relation to her claim that there was a “wall of silence” was estopped from re-litigating her claim in relation to the delay in releasing the results of...