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The Tribunal found that was no breach of former staff rule 109.3(a) or 109.3(c) and the applicant’s due process rights were respected. Outcome: Application dismissed.

Since the applicant, in a timely manner, addressed his requests to competent officials within the former system of internal justice and followed the advice received from them, it was beyond his control that he did not file his request for administrative review within the time limits; therefore, exceptional circumstances are given. In view of the provision of the letter of appointment quoted above, no termination was possible without keeping a thirty days notice period. The decision to terminate the appointment with immediate effect is in noncompliance with the applicant’s terms of appointment...

A judgment in which it is decided that the summary dismissal of the Applicant was wrongful calls for a rescission of the said sanction. The Applicant had a reasonable expectation that he would remain in service beyond the date of his wrongful summary dismissal. The Tribunal refuses the request that the Applicant ought to be compensated on a P5 scale and agrees with the Respondent’s argument that such an award would be merely speculative. A summary dismissal is the most severe sanction that the Respondent may impose on a staff member for serious misconduct. Judicial notice is taken of the fact...

There may be cases that take longer to be heard by the UNDT and that this may provide a reason justifying compensation beyond the two-year limit. This was such a case. Compensation in lieu of rescission was set at two years and 2 months’ net-base salary. The Applicant’s claim for compensation was excessive. It equated to over 13 years of net-base salary plus payment of a number of entitlements. Apart from being well outside the scope of compensation that might properly be ordered by the Tribunal, the Applicant’s claim was predicated on the mistaken belief that but for the unlawful dismissal he...

The Tribunal awarded: (a) two years’ net base salary at the P-5 level and step which she had at the date of the non-extension of her appointment on 31 March 2010, plus the applicable post adjustment and the value of any quantifiable monetary entitlements and benefits to which she would have been entitled, plus the amount corresponding to the contributions that the Organization would have made to the United Nations Joint Staff Pension Fund and to a sum which represents the difference between what she would have paid in medical insurance at the United Nations and the medical insurance she...

The Applicant applied twice for the position of Director of Investigations, Office of Internal Oversight Services (“OIOS”) (“the Post”) at the D-2 level. The Post was first advertised in a vacancy announcement in 2008 and again in 2009. A selection panel set up by OIOS recommended him as the only qualified candidate for the Post in each instance. Neither of these recommendations was approved by the Special Review Group (“SRG”) and, as a result, no appointment was made to the Post. A third vacancy announcement was issued, for which the Applicant did not apply. The Applicant submits that he...

The Applicant was engaged in an unauthorized outside activity. The Applicant’s unauthorized outside activity whilst providing her personal financial gain, did not result in an actual conflict of interest as defined by the applicable rule. The investigators had an obligation, in accordance with the universal principles of natural justice, to inform the Applicant of her right to the assistance of Counsel during investigations. The doctrine of proportionality is applicable in this case to reduce the Applicant’s summary dismissal to a written censure in line with the Secretary- General’s practice...

UNICEF had made the Applicant applying and being selected to a UNICEF vacant post a condition for his return. The Tribunal found that by imposing such a condition to the Applicant’s return, UNICEF violated the terms of his secondment, under which the Applicant retained “rights to employment” in the releasing organization (i.e., UNICEF). Compensation in lieu of rescission: although the chain of events lead to ending the Applicant’s permanent appointment with UNICEF, this was not the direct consequence of the contested decision, i.e., conditioning the Applicant’s return to UNICEF service after...

UNDT held that the non-renewal of the Applicant’s contract was unlawful and that this decision was made in breach of his due process rights. UNDT held that the Panel erred when it recommended that the Applicant’s contract should not be renewed. UNDT noted that the Administrative Instruction ST/AI/2010/5 does not grant a rebuttal panel the power to make recommendations on the extension or termination of a staff member’s contract. UNDT also noted that not all procedural errors are prejudicial and not all procedural errors violate a party’s due process rights, and it behooves the Tribunal to...

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...