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The legality of the disputed policy; and c. Whether the policy was “noncompliant” with the Applicant’s terms of appointment. (...) The Tribunal orders the immediate rescission of the disputed policy in relation to the Applicant. His future applications for professional grade postings shall not be subject to this policy. 51. (...) The Tribunal also RECOMMENDS to the Secretary-General, given the increasing frequency of cases disputing this policy, that the proposed revision of the policy in question be accelerated, finalised and promulgated as soon as possible.16 In the global community that is today’s United Nations, this policy has no place. 54.
Language:English
Score: 260622.24 - www.un.org/en/internalj...dt/judgments/undt-2012-135.pdf
Data Source: oaj
UNDT/2012/104 Page 3 of 10 5. This policy was reiterated to the Applicant by HRMS/UNON during a phone call on 26 March 2010. (...) He states that the policy is unlawful and contrary to the terms and conditions of his employment. (...) Moreover, the Respondent states that the policy has been uniformly applied since 1954, concurrent with staff regulation 1.1(c) which mandates the Secretary-General to enforce the policy with regard to all staff members.
Language:English
Score: 259810.64 - www.un.org/en/internalj...dt/judgments/undt-2012-104.pdf
Data Source: oaj
… 8.2 The core functions of the Division [for Management] are as follows: … (d) Developing and overseeing the implementation of human resources policies and managing the human resources of the United Nations Secretariat entities in Vienna, including policy direction, guidance, supervision and implementation of personnel policies; 23. (...) UNDT/2011/150 Page 12 of 14 Implementation of the alignment policy 32. The Applicant submits that the alignment policy was applied in an inconsistent, arbitrary and discriminatory manner. (...) Further, the fact that the Administration could have mistakenly granted him an extension which contravened the alignment policy does not give him any right to have his contract subsequently extended in further breach of the policy (see, to this effect, Eid UNDT/2010/106). 38.
Language:English
Score: 259624.2 - www.un.org/en/internalj...dt/judgments/undt-2011-150.pdf
Data Source: oaj
This policy stemmed from a recommendation in the Report of the Fifth Committee, Document A/2615 dated 7 December 1953. (...) This Tribunal notes that the Advisory Committee that recommended the policy has now come to recognise the unfairness of the policy. (...) Despite the fact that the Administration finds the policy unfair, the Secretary-General insists in his submissions that “the Staff Regulations not only do not restrict the enforcement of the General Assembly’s policies but expressly authorise the-Secretary-General to enforce such policies even when they are not set forth expressly in the Staff Regulations and Rules”.
Language:English
Score: 259220.75 - www.un.org/en/internalj...at/judgments/2012-unat-276.pdf
Data Source: oaj
The Secretary-General submits that the alignment policy was properly issued by way of “Messages of the Day”. (...) Section 8.2(d) of ST/SGB/2004/6 provides that the core functions of the Division for Management inter alia include “[d]eveloping and overseeing the implementation of human resources policies and managing the human resources of the United Nations Secretariat entities in Vienna, including policy direction, guidance, supervision and implementation of personnel policies’’. (...) Since this alignment policy was intended for only the staff at UNODC we reject the submissions by Mr.
Language:English
Score: 258917.94 - www.un.org/en/internalj...at/judgments/2012-unat-234.pdf
Data Source: oaj
On 5 February 2014, the High Commissioner promulgated the Policy and Procedures for the Promotion of International Professional Staff Members (UNHCR/HCP/2014/2) (“Promotions Policy”). (...) The Promotions Policy was applied retroactively b. The procedure as laid down in the Promotions Policy was followed; c. (...) In turn, there is no evidence on record that SPP members have served in the two previous exercises conducted under old promotions policies. In any event, their tenure under the new Policy commenced in 2014, so any prior appointment under previous promotions policies would have no impact on its limit pursuant to such policy.
Language:English
Score: 258606.54 - www.un.org/en/internalj...dt/judgments/undt-2016-049.pdf
Data Source: oaj
On 5 February 2014, the High Commissioner promulgated the Policy and Procedures for the Promotion of International Professional Staff Members (UNHCR/HCP/2014/2) (“Promotions Policy”). In essence, the Promotions Policy Case No. UNDT/GVA/2015/163 Judgment No. (...) The Promotions Policy was applied retroactively; b. The procedure as laid down in the Promotions Policy was followed; c.
Language:English
Score: 257809.25 - www.un.org/en/internalj...dt/judgments/undt-2016-043.pdf
Data Source: oaj
On 5 February 2014, the High Commissioner promulgated the Policy and Procedures for the Promotion of International Professional Staff Members (UNHCR/HCP/2014/2) (“Promotions Policy”). (...) Whether the procedure as laid down in the Promotion Policy was followed 45. The Tribunal will examine, in turn, each of the alleged errors in the implementation of the Promotions Policy. (...) He also stated that the Promotions Policy was drafted in the light of the forthcoming new performance appraisal policy, and intended, from its inception, to exclude the e-PADs from the SPP members’ review.
Language:English
Score: 256966.26 - www.un.org/en/internalj...dt/judgments/undt-2016-030.pdf
Data Source: oaj
On 5 February 2014, the High Commissioner promulgated the Policy and Procedures for the Promotion of International Professional Staff Members (UNHCR/HCP/2014/2) (“Promotions Policy”). (...) Whether the procedure as laid down in the Promotion Policy was followed 46. The Tribunal will examine, in turn, each of the alleged errors in the implementation of the Promotions Policy. (...) He also stated that the Promotions Policy was drafted in the light of the forthcoming new performance appraisal policy, and intended, from its inception, to exclude the e-PADs from the SPP members’ review.
Language:English
Score: 256966.26 - www.un.org/en/internalj...dt/judgments/undt-2016-031.pdf
Data Source: oaj
On 5 February 2014, the High Commissioner promulgated the Policy and Procedures for the Promotion of International Professional Staff Members (UNHCR/HCP/2014/2) (“Promotions Policy”). (...) In the context of a promotion exercise conducted under a specific policy, such as in the present case, the Tribunal’s review is essentially focused on the implementation of the policy (see Bofill 2013-UNAT-283). (...) Whether the procedure as laid down in the Promotion Policy was followed 46. The Tribunal will examine, in turn, each of the alleged errors in the implementation of the Promotions Policy.
Language:English
Score: 256949.54 - www.un.org/en/internalj...dt/judgments/undt-2016-055.pdf
Data Source: oaj