Extract from:UNITED NATIONS JURIDICAL YEARBOOK 2010 Part Two. Legal activities of the United Nations and related intergovernmental organizations . Decisions of administrative tribunals of the United Nations and related intergovernmental organizations Copyright (c) United Nations contents 5 Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety Nagoya, 15 October 2010 410 B Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations 1 International Civil Aviation Organization (a) Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation Beijing, 10 September 2010 416 (b) Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft Beijing, 10 September 2010 427 2 International Criminal Court (a) Resolution RC/Res 5 Amendments to article 8 of the Rome Statute 435 (b) Resolution RC/Res 6 The crime of aggression 437 Chapter V decisions of the administrative tribunals of the United Nations and related intergovernmental organizations A United Nations Dispute Tribunal 443 1. Judgment No. UNDT/2010/019 (29 January 2010): Samardzic et al v Secretary-General of the United NationsBinding nature of time limits for contesting administrative decisions— Exceptions to the prescribed time limits—“Exceptional cases” foreseen in article 8 3 of the United Nations Dispute Tribunal (UNDT) Statute—Personal circumstances—Ignorance of the time limits 444 2 Judgment No. UNDT/2010/044 (19 March 2010): D’Hooge v Secretary-General of the United NationsTermination of contract—Special leave with full pay—Due process in preliminary investigations and administrative review—Good faithand fair dealing—Misrepresentation of facts does not render an employment contract void—The Organization can only end an employment contract through the procedures for termination and dismissal—Delegation—Authority to terminate a contract residessolely with the Secretary-General—“Highest standards of integrity” and “efficiency” inadequate test for termination—Relationship between misconduct procedures and termination—Misconduct involves moral turpitude and requires application of provisions on disciplinary measures 445 3 Judgment No. 052/2010 (31 March 2010): Lutta v Secretary-General ofthe United NationsDisciplinary measure—Initiation of disciplinary proceedings—Standard of evidence to satisfy that a report of misconduct is well founded—Reasonable suspicion standard—International normsof fairness in investigations—International standards determining “sobriety status” 448 xi Page UNITED NATIONS JURIDICAL YEARBOOK 2010 4 Judgment No. 057/2010 (7 April 2010): Ianelli v Secretary-General of the United NationsClaim for assignment and relocation expenses—Right to assignmentand relocation grant depends on whether staff member is locallyor internationally recruited and whether he is settled in the duty station—Different entitlements for contracts for less than a year 449 5 Judgment No. UNDT/2010/085 (6 May 2010): Ishak v Secretary-Generalof the United NationsPreparatory decisions—Receivability—Definition of administrative decisions—Abuse of proceedings 451 6 Judgment No. UNDT/156/2010 (31 August 2010): Shkurtaj v Secretary-General of the United NationsEnforcement of ethics policy in case of protection for retaliation—Adequate and objective examination of complaint—Secretary-General’s bulletins not applicable to separately administered organs and programmes unless otherwise stated—Due process rights—Investigative panel must make staff member aware of adverse findingsand provide staff member with an opportunity to comment and explain—Compensation for breach of due process rights, damageto career, reputation and emotional distress 452 7 Judgment No. UNDT/2010/169 (24 September 2010): Yapa v Secretary-General of the United NationsStandard of review for disciplinary cases—Regularity of disciplinary procedure—Due process—Cooperation during administrative investigation—Disciplinary measure not foreseen in the Staff Rules—No punishment without a written rule foreseeing it 454 8 Judgment No. UNDT/179/2010 (14 October 2010): Vangelova v Secretary-General of the United NationsStandard of review for non-promotion decisions—Receivability— United Nations Dispute Tribunal Statute superior to Staff Rules— Discretionary nature of promotion decisions—Similar acts requiresimilar rules—Moral damages 456 9 Judgment No. UNDT/191/2010 (25 October 2010): García v Secretary-General of the United NationsCancellation of appointment—Document creating legally binding obligations between the Organization and its staff need not becalled “letter of appointment”—Contracts may have a future dateof commencement—Averment in pleadings does not constitute evidence 457 xii Page contents 10. Judgment No. UNDT/2010/203 (22 November 2010): O’Neill v Secretary-General of the United NationsNon-selection claim—Tribunal’s ex officio duty to examine receivability—Request for administrative review or management evaluationis a mandatory first step in any appeal process before the Tribunal—Applicant must identify clearly appealed decision for an application to be receivable—Specific performance under article 10 5of the Tribunal’s Statute does not include specific performance ofa recommendation of the Joint Appeals Board, which is advisoryonly and does not constitute a contestable administrative decision 459 11. Judgment No. 214/2010 (16 December 2010): Kamunyi v Secretary-General of the United NationsPolicy of the Organization with regard to the possession and carrying of firearms by staff members—Under the former Staff Rulesand Regulations, suspension requires a charge of misconduct anda decision of the Secretary-General or his delegate—Distinction between special leave with full pay and suspension with pay— “Exceptional cases” for special leave with full pay do not include disciplinary measures—Removal of grounds pass only lawful incase of suspension—Procedures to be taken by the Organizationwith respect to the handling of a request to waive the privilegesand immunities for the arrest of a staff member—Insubordination requires proof of refusal of a lawful and reasonable instruction— Transfer of position at the discretion of the Secretary-General 461 B Decisions of the United Nations Appeals Tribunal 464 1 Judgment No. 2010-UNAT-001 (30 March 2010): Campos v Secretary-General of the United NationsStaff nominations—Operation of the Staff Management Coordinating Committee—Appointment of judges to the United Nations Dispute Tribunal and the United Nations Appeals Tribunal—Requestfor arbitration—Request for an oral hearing—Weight of vote bystaff association—Management interference in union affairs— Freedom of association—Conflict of interest—Recusal of judges— Professional relationship—Dissolution of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal 465 2 Judgment No. 2010-UNAT-005 (30 March 2010): Tadonki v Secretary-General of the United NationsExtension of contract—Suspension of action—Receivability of interlocutory appeal—Only appeals against final judgments are generally receivable—United Nations Dispute Tribunal exceeded its authority by ordering the suspension of a decision beyond the deadlinefor management evaluation 467 xiii Page UNITED NATIONS JURIDICAL YEARBOOK 2010 3 Judgment No. 2010-UNAT-010 (30 March 2010): Tadonki v Secretary-General of the United NationsReceivability of an appeal of an interpretation of judgment—Definitionof “judgment”—“Judgment” in article 2(1) of the Statute of theUnited Nations Appeals Tribunal does not include interpretationof judgments—Interpretation of judgment not an avenue for review 467 4 Judgment No. 2010-UNAT-013 (30 March 2010): Schook v Secretary-General of the United NationsDecision not to extend an appointment—Absence of written notification—Receivability of appeal—Necessity of a notification of an administrative decision in writing in order to correctly calculate time limits—Suspension or waiver of time limits in exceptional casesunder a transitional arrangement 468 5 Judgment No. 2010-UNAT-018 (30 March 2010): Mahdi v Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near EastStandard of review in disciplinary cases—Totality of evidence 469 6 Judgment No. 2010-UNAT-019 (30 March 2010): Carranza v United Nations Joint Staff Pension BoardArticle 24 of the Regulations of the United Nations Joint Staff Pension Fund—Restoration of prior contributory service—Article 24 doesnot apply to failed attempts to restore prior contributory service 470 7 Judgment No. 2010-UNAT-022 (30 March 2010): Abu Hamda v Commissioner-General of the United Nations Relief and Works Agencyfor Palestine Refugees in the Near EastStandard of review of disciplinary cases—Discretion and authority of administrative bodies—Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law—Non-interference by courtsand tribunals in the exercise of discretionary authority unless thereis evidence of illegality, irrationality or procedural impropriety— Disproportionality 470 8 Judgment No. 2010-UNAT-023 (30 March 2010): Nock v United Nations Joint Staff Pension BoardArticle 24 of the Regulations of the United Nations Joint Staff Pension Fund—Restoration of prior contributory service—Only the mostrecent period of contributory service can be restored 472 9 Judgment No. 2010-UNAT-024 (30 March 2010): Haniya v Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near EastTermination of service connected to any type of investigation of thestaff member’s misconduct...
Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations
A. United Nations Dispute Tribunal 1. Judgment No. UNDT/2010/019 (29 January 2010): Samardzic et al. v. Secretary-General of the United Nations 443 2. Judgment No. UNDT/2010/044 (19 March 2010): D’Hooge v. Secretary- General of the United Nations 444 3. Judgment No. 052/2010 (31 March 2010): Lutta v. Secretary-General of the United Nations 448 4. Judgment No. 057/2010 (7 April 2010): Ianelli v. Secretary-General of the United Nations 449 5. Judgment No. UNDT/2010/085 (6 May 2010): Ishak v. Secretary-General of the United Nations 451 6. Judgment No. UNDT/156/2010 (31 August 2010): Shkurtaj v. Secretary- General of the United Nations 452 7. Judgment No. UNDT/2010/169 (24 September 2010): Yapa v. Secretary- General of the United Nations 454 8. Judgment No. UNDT/179/2010 (14 October 2010): Vangelova v. Secretary- General of the United Nations 456 9. Judgment No. UNDT/191/2010 (25 October 2010): García v. Secretary- General of the United Nations 457 10. Judgment No. UNDT/2010/203 (22 November 2010): O’Neill v. Secretary-G... (see full summary)
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