On 6 August 2016, the Applicant’s TA with UNMISS expired and he was
repatriated to his home country of Jordan, where he has been residing until the filing
of the present application. (...) Nor does the Organization have an obligation to renew the fixed-term
appointment of a staff member whose work visa is not renewed by a host country.
Any obligation that the Organization has in such circumstances has been met.
(...) Where the host country provides the
information requested and the SG decides, pursuant to section 20 of
the Convention, that the staff member acted outside his/her official
capacity, non-renewal is an option.
Language:English
Score: 333608.6
-
www.un.org/en/internalj...s/undt/orders/nbi-2017-109.pdf
Data Source: oaj
Relevantly, this Tribunal held the following in Hassouna
UNDT/2014/094 (para. 12):
However, in the case of a staff member who has been declared
persona non grata and the host country is not forthcoming with
information as to the basis for his/her expulsion or the reasons, if
any, do not justify a PNG decision, other considerations may apply.
(...) UNDT/2018/101
Page 12 of 15
members working for the United Nations in a given country that declares them
PNG. Indeed, as this Tribunal held in Hassouna, “in [a] peacekeeping context, the
Organization can only operate in a sovereign State with the consent of … the host
country” and “the decision to remove [a] staff member still vests in the Secretary-
General though it is triggered by a decision of the host country”.
34. If a staff member is declared PNG by a host country, the Organization has no
alternative but to remove that staff member, because such declaration falls within
the sovereign prerogative of the host country.
35.
Language:English
Score: 333424.8
-
www.un.org/en/internalj...dt/judgments/undt-2018-101.pdf
Data Source: oaj
OHRM
also referred to “prior advice given by [OHRM], where adoption is allowed in
a country but restricted due to factors unique to the individuals concerned (i.e. being
older than 18 years old), the national law prevails”.
18. (...) The administrative instruction sets out the situations where “legal adoption is not
possible”, namely where “there is no statutory provision for adoption or any
prescribed court procedure for formal recognition of customary or de facto adoption
in the staff member’s home country or country of permanent residence”.
29. (...) It is common cause that the Applicant’s country of nationality, Seychelles, has
a statutory provision for adoption, which provides for adoption of a child below
the age of 18 years.
Language:English
Score: 332053.54
-
www.un.org/en/internalj...dt/judgments/undt-2015-090.pdf
Data Source: oaj
The Applicant, who was then the holder of a Service Contract with the
United Nations Development Programme (“UNDP”) in Belarus, contested the
decision to deduct from his salary costs generated by his use of the Country
Office’s Internet resources.
Facts
2. (...) During the months of September, October and November 2010, the
Applicant downloaded from the Internet video and audio files using an office
computer, which resulted in an increase of the Internet costs incurred by the
Country Office.
4. At the end of November 2010, it was decided to recover from the
Applicant a partial amount of the Internet costs incurred by the Country Office as
a result of his actions.
5.
Language:English
Score: 330624.98
-
www.un.org/en/internalj...dt/judgments/undt-2011-055.pdf
Data Source: oaj
There is
nothing in ST/AI/2006/5 that could be plausibly read as creating an exception for
“Mission area” or “within country” travel.
25. The Organization, subject to certain constraints, can amend administrative
issuances to change benefits. (...) UNDT/NBI/2014/055
Judgment No.: UNDT/2016/71
Page 7 of 12
The RLG [Relocation Grant] option does not apply to movements
within countries. In these cases, staff members retain their rights to
unaccompanied shipments.
32. (...) However, the ICSC Hardship
Classification (ICSC/CIRC/HC, January (2014), gives a list of duty stations located
in a country and for DRC Congo where MONUSCO is Kinshasa and Goma are
classified as separate duty stations.
Language:English
Score: 330355.25
-
www.un.org/en/internalj...dt/judgments/undt-2016-071.pdf
Data Source: oaj
There is
nothing in ST/AI/2006/5 that could be plausibly read as creating an exception for
“Mission area” or “within country” travel.
25. The Organization, subject to certain constraints, can amend administrative
issuances to change benefits. (...) UNDT/NBI/2014/056
Judgment No.: UNDT/2016/072
Page 7 of 12
The RLG [Relocation Grant] option does not apply to movements
within countries. In these cases, staff members retain their rights to
unaccompanied shipments.
32. (...) However, the ICSC Hardship
Classification9 gives a list of duty stations located in a country and, for the DRC
which is within MONUSCO, Bunia is classified as a separate duty station.
Language:English
Score: 330355.25
-
www.un.org/en/internalj...dt/judgments/undt-2016-072.pdf
Data Source: oaj
There is
nothing in ST/AI/2006/5 that could be plausibly read as creating an exception for
“Mission area” or “within country” travel.
25. The Organization, subject to certain constraints, can amend administrative
issuances to change benefits. (...) UNDT/NBI/2014/057
Judgment No.: UNDT/2016/073
Page 7 of 12
The RLG [Relocation Grant] option does not apply to movements
within countries. In these cases, staff members retain their rights to
unaccompanied shipments.
32. (...) However the ICSC Hardship
Classification9 gives a list of duty stations located in a country and, for the DRC
where MONUSCO is, Kinshasa and Goma are classified as separate duty stations.
Language:English
Score: 330355.25
-
www.un.org/en/internalj...dt/judgments/undt-2016-073.pdf
Data Source: oaj
There is
nothing in ST/AI/2006/5 that could be plausibly read as creating an exception for
“Mission area” or “within country” travel.
25. The Organization, subject to certain constraints, can amend administrative
issuances to change benefits. (...) UNDT/NBI/2014/058
Judgment No.: UNDT/2016/074
Page 7 of 12
The RLG [Relocation Grant] option does not apply to movements
within countries. In these cases, staff members retain their rights to
unaccompanied shipments.
32. (...) However, the ICSC Hardship
Classification9 gives a list of duty stations located in a country and, for the DRC
where MONUSCO is, Kinshasa and Goma are classified as separate duty stations.
Language:English
Score: 330355.25
-
www.un.org/en/internalj...dt/judgments/undt-2016-074.pdf
Data Source: oaj
There is
nothing in ST/AI/2006/5 that could be plausibly read as creating an exception for
“Mission area” or “within country” travel.
25. The Organization, subject to certain constraints, can amend administrative
issuances to change benefits. (...) UNDT/NBI/2014/063
Judgment No.: UNDT/2016/075
Page 7 of 12
The RLG [Relocation Grant] option does not apply to movements
within countries. In these cases, staff members retain their rights to
unaccompanied shipments.
32. (...) However the ICSC Hardship
Classification9 gives a list of duty stations located in a country and, for the DRC
where MONUSCO is, Bunia and Goma are classified as separate duty stations.
Language:English
Score: 330355.25
-
www.un.org/en/internalj...dt/judgments/undt-2016-075.pdf
Data Source: oaj
There is
nothing in ST/AI/2006/5 that could be plausibly read as creating an exception for
“Mission area” or “within country” travel.
25. The Organization, subject to certain constraints, can amend administrative
issuances to change benefits. (...) UNDT/NBI/2014/066
Judgment No.: UNDT/2016/076
Page 7 of 12
The RLG [Relocation Grant] option does not apply to movements
within countries. In these cases, staff members retain their rights to
unaccompanied shipments.
32. (...) However the ICSC Hardship
Classification
9
gives a list of duty stations located in a country and, for the DRC
where MONUSCO is, Kinshasa and Goma are classified as separate duty stations.
Language:English
Score: 330355.25
-
www.un.org/en/internalj...dt/judgments/undt-2016-076.pdf
Data Source: oaj