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While the Respondent submits that as the Applicant’s functions evolved, her post became a post exclusively funded by GF/HIST, the Tribunal does not find any documentation showing the change of the funding source of the Applicant’s post. The Respondent only submitted undated tables, from an unclear source, showing the funding code of all the posts in BMS/LO. (...) The Tribunal notes that it is not clear when the funding source of the Applicant’s post had changed. 8. (...) Accordingly, the Respondent is directed to submit information on when the Applicant’s post’s funding source was changed and provide contemporaneous documentation in that regard, as well as any corresponding notification provided to the Applicant, if any. 10.
Language:English
Score: 483002.5 - www.un.org/en/internalj...s/undt/orders/gva-2021-032.pdf
Data Source: oaj
The Respondent submits that the sources of international administrative law are not the same as the sources of public international law, although international administrative law may be a branch of public international law. Article 38(1) of the Statute of the International Court of Justice, which is regarded as reflecting the sources of public international law, does not directly apply to international administrative law and these sources may only be seen “by analogy” to be a source of international administrative law. At best, some analogies may be drawn from the sources mentioned in Article 38(1) of the Statute of the ICJ - for example, that staff regulations and other such written legal sources correspond to treaties or that the practice of an organization corresponds to custom - but there the similarity ends6. 11.
Language:English
Score: 479913.7 - www.un.org/en/internalj...dt/judgments/undt-2010-125.pdf
Data Source: oaj
The TJO also noted that “[s]ubject to the funding source of the position, this temporary job opening may be limited to candidates based at the duty station”. (...) The reference to “the funding source” of the position is an indication that cost was intended to be a relevant consideration. (...) The UNDT held that since there was no evidence regarding the funding source for the TJO, there was no basis for restricting the TJO to UNMISS staff members.
Language:English
Score: 469640.43 - www.un.org/en/internalj...at/judgments/2017-UNAT-785.pdf
Data Source: oaj
With this framework they are not subject to interference by states in regard to the legal system or the laws that apply.”3 2.2.5 The Respondent submits that the sources of international administrative law are not the same as the sources of public international law, although international administrative law may be a branch of public international law. Article 38(1) of the Statute of the International Court of Justice, which is regarded as reflecting the sources of public international law, does not directly apply to international administrative law and these sources may only be seen “by analogy” to be a source of international administrative law. “At best, some analogies may be drawn from the sources mentioned in Article 38(1) of the Statute of the ICJ - for example, that staff regulations and other such written legal sources correspond to treaties or that the practice of an organization corresponds to custom - but there the similarity ends.”4 2 UNAT Judgment No. 1320 (2007). 3 Amerasinghe C.F. (2003).
Language:English
Score: 464771.6 - www.un.org/en/internalj...dt/judgments/undt-2010-097.pdf
Data Source: oaj
In the email, he asserted, among other things, that the CCTV video footage was edited to conceal the fact that the barrier at the post 103 south entrance by the United Nations Headquarters in New York, where the incident occurred on 27 July 2013, was broken seven days prior to the incident, which created risky and unsafe conditions at the entrance and, in any event, the CCTV video footage is not a reliable source to make a medical determination. He requested to review the video footage as captured in the original recording source, accompanied by an expert of his 3 Impugned Judgment, para. 75. 4 Ibid., para. 79. 5 Ibid., para. 83. 6 UNDT Second Judgment, paras. 8-16. (...) Finally, the Appellant says he should have been allowed to review the video “at the recording source” and be given a copy of such video. The Secretary-General’s Answer 16. (...) The Appellant says he should have been given the video from the original recording source. This request was also made before the Dispute Tribunal in the UNDT First Judgment which was not appealed.
Language:English
Score: 448950.6 - www.un.org/en/internalj...t/judgments/2020-UNAT-1049.pdf
Data Source: oaj
Hence, the source of funding for United Nations posts, which is publicized, is equally a determining factor for a candidate to apply to or accept a post; e. (...) It is clear from the Applicant’s submission on economic prejudice that differences in funding sources of posts are not “purely operational” as perceived by the Administration and do translate into concrete consequences for staff members. (...) The parties agree that, when moving from Geneva to New York, the Applicant was placed on a general temporary assistance post instead of a regular- budget post and that the funding sources of the two posts are different. 30. In this regard, the Applicant submits that being placed on a general temporary assistance post instead of a regular-budget post has a diminishing effect on her job security in that such funding source per definition is more uncertain.
Language:English
Score: 443768.95 - www.un.org/en/internalj...dt/judgments/undt-2018-044.pdf
Data Source: oaj
Nothing was stated regarding the funding source of the Applicant’s UBSB post. Case No. (...) UNDT/2021/060 Page 15 of 22 reassignment conditioned upon that the funding of source(s) for his post would continue as it was on the post he encumbered before his reassignment to UBSB. 39. (...) If so, this would reasonably also mean that the funding source(s) of the Applicant’s fixed-term appointment as such never changed despite him being reassigned to UBSB. 40.
Language:English
Score: 443768.95 - www.un.org/en/internalj...dt/judgments/undt-2021-060.pdf
Data Source: oaj
With respect to the first criterion, the Respondent states that the Applicant indicated in her cover letter that she had data mining experience through developing an evidence-based risk assessment model for the Regular Budget programmes and entities of the Secretariat using available metrics and performance indicators from a variety of sources using the “Crimson-Hexagon tool for social media listening as part of evaluation of ‘DPI’ [unknown abbreviation]”. The Respondent contends that the experience in using “available metrics and performance indicators from a variety of sources” indicated by the Applicant in her PHP was not deemed relevant. (...) In her 14 September 2020 motion, the Applicant argues that in her job description she states that she “[o]versees the mining and analysis of data from enterprise systems and other sources, using innovative approaches (…)”. And that she “[d]eveloped an evidence-based risk assessment model for the Regular Budget programmes and entities of the UN Secretariat using available metrics and performance indicators from a variety of sources”.
Language:English
Score: 441154.6 - www.un.org/en/internalj...dt/judgments/undt-2020-169.pdf
Data Source: oaj
They do not contract to perform services against any particular post number. The source of funding for any position is a matter within the discretion of the Administration, which is entitled to determine how a staff member’s position will be financed. (...) Given that the Applicant’s appointment does not expire until 30 June 2014, the UNAMA Administration had to identify another funding source to finance the remainder of the term of the Applicant’s appointment to ensure that she receives the salary, benefits and entitlements due to her. (...) The fact that the Applicant’s position is financed from a different funding source since 1 January 2014 does not affect her benefits and entitlements, or the terms of her appointment.
Language:English
Score: 430562.3 - www.un.org/en/internalj...s/undt/orders/nbi-2014-125.pdf
Data Source: oaj
UNDT/2010/176 Page 12 of 20 d. whether the disclosure of the allegations against the Resident Representative to external sources was justified in the circumstances. 26. (...) They shall not communicate to any Government, entity, person or any other source any information Cases No. UNDT/NY/2009/123–129 Judgment No. (...) Furthermore, on the day before the investigation commenced, the article in the Business Mirror appeared indicating that the applicants had been the source of a referral to the DFA. This information was in the possession of the mission investigators which leads to the inescapable inference that the applicants would have been identified as the source of the adverse press coverage.
Language:English
Score: 428551.76 - www.un.org/en/internalj...dt/judgments/undt-2010-176.pdf
Data Source: oaj