Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations

SUMMARY

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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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 Nations

Binding 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 Nations

Termination of contract—Special leave with full pay—Due process in preliminary investigations and administrative review—Good faith

and 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 resides

solely 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 of

the United Nations

Disciplinary measure—Initiation of disciplinary proceedings—Standard of evidence to satisfy that a report of misconduct is well founded—Reasonable suspicion standard—International norms

of fairness in investigations—International standards determining “sobriety status” 448

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4 Judgment No. 057/2010 (7 April 2010): Ianelli v Secretary-General of the

United Nations

Claim for assignment and relocation expenses—Right to assignment

and relocation grant depends on whether staff member is locally

or 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-General

of the United Nations

Preparatory 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 Nations

Enforcement 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 findings

and provide staff member with an opportunity to comment and explain—Compensation for breach of due process rights, damage

to career, reputation and emotional distress 452 7 Judgment No. UNDT/2010/169 (24 September 2010): Yapa v Secretary-General of the United Nations

Standard 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 Nations

Standard of review for non-promotion decisions—Receivability—

United Nations Dispute Tribunal Statute superior to Staff Rules— Discretionary nature of promotion decisions—Similar acts require

similar rules—Moral damages 456 9 Judgment No. UNDT/191/2010 (25 October 2010): García v Secretary-General of the United Nations

Cancellation of appointment—Document creating legally binding obligations between the Organization and its staff need not be

called “letter of appointment”—Contracts may have a future date

of commencement—Averment in pleadings does not constitute evidence 457

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10. Judgment No. UNDT/2010/203 (22 November 2010): O’Neill v Secretary-General of the United Nations

Non-selection claim—Tribunal’s ex officio duty to examine receivability—Request for administrative review or management evaluation

is 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 5

of the Tribunal’s Statute does not include specific performance of

a recommendation of the Joint Appeals Board, which is advisory

only and does not constitute a contestable administrative decision 459 11. Judgment No. 214/2010 (16 December 2010): Kamunyi v Secretary-General of the United Nations

Policy of the Organization with regard to the possession and carrying of firearms by staff members—Under the former Staff Rules

and Regulations, suspension requires a charge of misconduct and

a 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 in

case of suspension—Procedures to be taken by the Organization

with respect to the handling of a request to waive the privileges

and 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 Nations

Staff nominations—Operation of the Staff Management Coordinating

Committee—Appointment of judges to the United Nations Dispute Tribunal and the United Nations Appeals Tribunal—Request

for arbitration—Request for an oral hearing—Weight of vote by

staff 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 Nations

Extension 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 deadline

for management evaluation 467

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3 Judgment No. 2010-UNAT-010 (30 March 2010): Tadonki v Secretary-General of the United Nations

Receivability of an appeal of an interpretation of judgment—Definition

of “judgment”—“Judgment” in article 2(1) of the Statute of the

United Nations Appeals Tribunal does not include interpretation

of 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 Nations

Decision 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 cases

under 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 East

Standard 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 Board

Article 24 of the Regulations of the United Nations Joint Staff Pension

Fund—Restoration of prior contributory service—Article 24 does

not 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 Agency

for Palestine Refugees in the Near East

Standard 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 courts

and tribunals in the exercise of discretionary authority unless there

is 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 Board

Article 24 of the Regulations of the United Nations Joint Staff Pension

Fund—Restoration of prior contributory service—Only the most

recent 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 East

Termination of service connected to any type of investigation of the

staff member’s misconduct...

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