Although the Applicant doubts that this is a durable solution, this decision
is a matter of policy which is in the sole discretion of the Organization. (...) The Guidelines provide that “once
positions are approved for discontinuation…manager and staff should consult
with DHRM to ensure that appropriate solutions are found for all affected
personnel.” (...) He also lost the valuable opportunity to ensure an agreed
employment solution to which he was le
Decision
89. The Tribunal finds that:
a.
Language:English
Score: 480953.4
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In her request for an extension of time the applicant specified that
the reasons for the request were “the change of counsel and pursuit of informal
solution”.
2. On 17 June 2010 the Tribunal granted the applicant until 23 July 2010 to file
her application.
3. (...) As the effort of seeking informal solution is still
[ongoing], filing the application at this time may not be conducive to
the effort, even have some negative impact.
Language:English
Score: 454248.73
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In this is the case, the Administration will therefore need to
find an alternative solution to ensuring that the deduction is not implemented before
the Tribunal has issued its final determination of the pending suspension of action
application.
(...) UNDT/NY/2019/020
Order No. 50 (NY/2019)
Page 5 of 5
technically feasible, the Administration shall use its best endeavors to find an
alternative solution to ensure that the Applicant receives his full salary for March
2019.
13.
Language:English
Score: 436577.54
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He concluded by expressing the hope that an acceptable solution to everyone could
be found.
8. In an e-mail sent to Mr. (...) Sprauten stressed
that he was open to finding an acceptable solution for everyone. He recalled that he had
accepted the offer of employment with the exception of the start date.
10. (...) He never rejected the dates mentioned by the
Appellant; he merely wished to explore solutions that would have better suited his family
situation.
19.
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Score: 435974.2
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The Tribunal further notes that after the Applicant had shared her security
concerns with OHCHR, the Office reviewed her reported information and offered
several possible courses of action. These possible solutions were discussed with the
Applicant from July 2018 until the end of her appointment in September 2018.
17. (...) It is evident from the record and undisputed that the Applicant declined both
solutions presented by the Administration as she did not deem them appropriate.
(...) He stresses that the Organization tried to find a
solution to the Applicant’s situation while she could be traveled back as an employee
of the United Nations with a valid passport and although the security risk had been
assessed as low.
35.
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Score: 435974.2
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It
would be difficult to propose a “one-size-fits-all solution” for this
issue; however, there is need to consider, discuss, and find the best
solution possible. (...) Taking into account developing
experiences and new attempts in this regard, organizations should
consider finding appropriate solutions. Organizations should, at
least, consider establishing informal/voluntary/administrative
internal dispute resolution mechanisms that can be used before
resorting to formal external processes.
2 General Assembly resolutions 65/247, 63/250 and 61/244.
Language:English
Score: 423440.9
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Delaunay claimed did not allow her to
be fully compensated for the prejudice she had suffered and the alleged inability of the ICJ
to find a common solution with the UNJSPF, Ms. Delaunay informed the ICJ Registrar by
e-mail dated 3 October 2016 that she wished to pursue her request for compensation against
the ICJ submitted on 1 February 2016. (...) Having considered the record as well as the parties’ submissions, we find that the
appropriate solution at this point is for Ms. Delaunay to file a request before the
Pension Fund to review the decision to convert her six years and eight months
25 per cent part-time employment into one year and eight months full-time employment
in accordance with Section K of the Administrative Rules of the UNJSPF.
Language:English
Score: 413592.5
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A minimum of two years
experience in planning, designing and facilitating promotion of innovative technology
solutions in the areas of Circular economy is an advantage”.
25. (...) A minimum of two years experience in planning, designing and facilitating
promotion of innovative technology solutions in the areas of Education is an
advantage”.
(...) The Tribunal notes that the vacancy announcement for this post includes the
following desirable experience criteria, among others: a minimum of two years’
experience in establishing and implementing partnerships and communication
strategies in the areas of health, and a minimum of two years’ experience in planning,
designing and facilitating promotion of innovative technology solutions in the areas of
health.
39. The personal history form submitted by the Applicant as his candidature for
this post does not list any experience in the field of health.
40.
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Score: 411608.1
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On 24 January and 25 February 2014, the Parties filed joint motions seeking
suspension of the Tribunal’s proceedings until 25 February 2014 and 24 March 2014,
respectively, with a view to finding an amicable solution.
3. By Order Nos. 014 (NBI/2014) and 033 (NBI/2014), the Tribunal granted the
Parties’ motions.
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Score: 410882
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He further
reiterated that any allegations against him were completely unfounded and noted
that if management insisted on him leaving UNDOF, the only acceptable solution
for him would be to be sent on a TDY “to some other Middle East mission,
preferably UNIFIL”.
10. (...) He did not request to be assigned on TDY to UNIFIL; rather, he
accepted that offer from the CMSS as a solution that was acceptable to him;
j. The email of 29 October 2015 from the CMSS to the Chief, Human
Resources Office, is evidence that he was forced and was never asked or
agreed to administrative leave;
k. (...) Mindful of the jurisprudence of the Appeals Tribunal in Rees, the Tribunal
notes that the situation in this case was peculiar since a quick solution had to be
found for the Applicant who, for the reasons outlined above could no longer stay in
Syria.
Language:English
Score: 410623.14
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