51ÁÔÆæ

It follows from the case record that the reasons for rejecting the Applicant¡¯s return-to-work plan on 13 May 2019 were only presented to the Applicant in the Respondent¡¯s reply submitted by Counsel for the Respondent. This was evidently a procedural error. The scope of this irregularity was exacerbated by the statutory requirement of sec. 2.2 of ST/SGB/2019/3, which demands ¡°the manager ¡­ to establish that the requested accommodations represent a disproportionate or undue burden on the workplace¡± (italics added). The Applicant¡¯s manager was not Counsel for the Respondent before the Dispute...

Regardless of the source of information published in public articles, the decision to issue a press release in response to publications falls, as a matter of principle, within the discretion of the Organization and is a managerial prerogative. Organizations subject to a high level of public scrutiny, which is the case of the UN, have a right to respond to public allegations and to defend their interests, their image, and, ultimately, their work within the boundaries set by their internal law. In the current case, the Tribunal needs to assess if the content of a press release impacted the...

The charge was properly investigated and proffered. There was due process of law and the Applicant at all times had every opportunity to refute the charge and show that UNDP had failed to prove it by clear and convincing evidence or that there were mitigating circumstances. There was no doubt in the process and the ability of the Applicant to understand the charge and make representation about it. Any difficulty in contradicting the charge during the process with documentary evidence was cured by the fact that the matter was provided an oral hearing before the Tribunal.

Accountability...

The application is not receivable because art.8.1 of the Tribunal¡¯s Statute makes it clear that the application must be filed within 90 days of receipt of the management evaluation where the management evaluationis provided within 45 days of the request. The Applicant raised for management evaluation the complaint that the investigation was not fair and balanced because the report not been disclosed to him; there was no management evaluation of the allegation of negligence. That allegation is therefore not receivable.

UNDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. UNDT held that there was no nexus between the Applicant¡¯s former employment and the contested decision. UNDT held that the Applicant did not have standing and that the application was not receivable ratione personae. UNDT rejected the application in its entirety.

The facts of the case amounted to two decisions being challenged: the decision of the RSCE to deny the Applicant¡¯s request for education grant for his son for the 2019-2020 academic year, in total or prorated, and the Head of Mission¡¯s refusal to grant the Applicant an exception under staff rule 12.3(b). The Applicant only requested management evaluation of the RSCE decision. To the extent that the Applicant contested the decision of the Head of Mission, the application was not receivable since the Applicant failed to request management evaluation of that decision. The Applicant did not...

Receivability: The Applications were found receivable for the following reasons: 1. They were timely, having been filed within the applicable deadline, following a properly requested management evaluation. 2. An individual administrative decision, namely, to apply the new post adjustment in relation to each of the Applicants, had been issued and implemented, as demonstrated by their salary slips for the month of February 2018. 3. The Tribunal rejected the Respondent¡¯s claim that the administrative discretion is a criterion for determining receivability of an application...

The Applicant¡¯s allegation that the preferred candidate was selected mainly to satisfy guidelines for gender parity and balance was not factual since the candidate was also better qualified for the post than the Applicant, based on the records of the candidates submitted in response to the job opening.

The Applicant did not advance any exception to the rule that General Assembly resolutions may not be amenable to judicial review by the Tribunal. Those exceptions arise where the Secretary-General is mandated to interpret an ambiguous regulatory decision, 51ÁÔÆæ procedures or where the implementation of the resolution involves application of a criteria. In the instant case, the Secretary-General¡¯s role in implementation of the resolution to abolish the P-4 Engineering position was mechanical and was not reviewable . In that regard, the Respondent was correct that that limb of the...

At the time of the management evaluation, the contested decision had not been implemented and, therefore, had not had any impact on the Applicants¡¯ terms of employment. The contested administrative decision did not, therefore, constitute a reviewable administrative decision.

UNDT held that the application was not receivable ratione materiate, as the Applicant did not request management evaluation, as required. UNDT dismissed the application.

UNDT noted that the Applicant indicated in his application that he was informed of the contested decision on 1 October 2019 and that he did not request management evaluation of said decision, as required. UNDT accordingly held that the application was not receivable and dismissed it.

While DD refused to give testimony to the Tribunal, and not being a United Nations staff member is not obliged to do so, this does not by itself render his interview statement inadmissible or otherwise invalid.; The Tribunal notes that the crux of the present case is whether the comments and proposals of the Applicant were of inappropriate sexual nature, or if instead, they simply concerned the security and safety of the premises or otherwise were nothing but jokes and lighthearted remarks.; As the Tribunal rejected all the Applicant¡¯s submissions regarding the facts not having been...

The Applicant¡¯s challenge against her first reporting officer¡¯s refusal to amend her ePAS was found to be an administrative decision because the contradictions between some of the ratings and comments in the e-PAS were of such gravity that the decision would have merited rescission under Handy (UNDT/2020/030 and 2020-UNAT-1044). However, this claim failed for the lack of a timely management evaluation request. The Applicant¡¯s challenge against the non-renewal of her fixed-term appointment was found receivable. The Applicant¡¯s performance evaluation for 2016-2017 had an adverse effect on her...

In making the final decision on the Applicants¡¯ complaint, the then Director General, UNOG, as the responsible official for their case, was bound by sec. 5.18 of ST/SGB/2008/5. Since the investigation report concluded that no prohibited conduct was established, the consequent decision to close the matter without any further action was nothing more than regular compliance with sec. 5.18(a) of ST/SGB/2008/5. In assessing the legality of the decision to take no further action, the Tribunal must examine whether the Administration breached its obligations pertaining to the review of the complaint...

There was clear and convincing evidence that the Applicant used his position of authority to unduly influence the continued employment of FM at GITTS, MINUSCA. The fact that the Applicant failed to disclose a conflict of interest arising from his sexual relationship with FM and his continued involvement in her recruitment at GITTS, MINUSCA were proved by clear and convincing evidence. The Applicant sent interview questions to the complainant, and there was clear and convincing evidence that the Applicant used his position of authority as Chief of GITTS, MINUSCA, to unduly influence the...

Regarding the Respondent¡¯s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...

UNAT held that the UNDT did not commit any errors when it found that Ms. Wenz¡¯ application was irreceivable ratione materiae and that therefore, it did not have to address the question of whether the application was also irreceivable ratione temporis. UNAT held that the UNDT correctly found that UNICEF¡¯s participation in mediation efforts did not automatically extend the time limit for filing a request for management evaluation. UNAT found no fault in the UNDT¡¯s finding that the Secretary-General was not estopped from raising the issue of receivability. UNAT dismissed the appeal and affirmed...

UNDT held that the Applicant¡¯s due process rights were respected because she was afforded the opportunity to provide comments related to the administrative measures applied at every step of the process and was represented by Counsel. She also did not challenge the adversarial examination of the allegations that was undertaken. UNDT found that the facts in support of the administrative measures imposed were established as per the applicable standard of proof. UNDT held that the administrative measures imposed on the Applicant were rational and proportionate to the established facts, as well as...