The decision to separate the Applicant from service was lawful. The Administration lawfully undertook the process of separation for abandonment of post under staff rule 9.6(b). The Tribunal found that given the context of the Applicant’s prolonged unauthorized absences from work, together with her inaction and failure to respond to the Administration’s various communications to her, including the request to provide the requisite proof that her absence was involuntary and was caused by forces beyond her control by 9 May 2023, the Administration reasonably determined that the Applicant did not...
Rule 6.2(g)
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Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Subject matter (ratione materiae)
The UNDT judgment was appealed by both parties. On the lawfulness of the decision to withhold salary, UNAT held that Mr Harris had not identified any grounds for his appeal and failed to demonstrate that UNDT had committed any error of fact or law in arriving at its decision. UNAT held that Mr Harris’ case was fully and fairly considered and could find no error of law or fact in its decisions. On the cancellation of health insurance, UNAT found no reason to differ from the UNDT finding that Mr Harris did not make the appropriate payments to reinstate his health insurance coverage, thus...
Administrative decision: A decision imposing to a staff member an obligation to report to work may not be said to be purely preparatory in nature, as it has effects on his or her terms of appointment. As such, it is a decision open to appeal before the Tribunal. Interim measures: The Tribunal may only grant suspension of action on a decision as an interim measure under articles 10.2 of the Statute and 14 of the Rules of procedure during the proceedings of a case, that is, when there is an application against the same decision pending before it. Management evaluation/receivability of suspension...