51ÁÔÆæ

Outcome: For Applicant (relief to follow).

Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration¡¯s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Definition of harassment: Disagreements on work performance and other work-related issues are per se not excluded from the definition of harassment, and thus from the scope of ST/SGB/2008/5. Requirements to initiate an investigation and standard in appraising them: Section 5.14 of ST/SGB/2008/5 provides for two general criteria for the purpose of launching a fact-finding investigation: (1) that the formal...

Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...

Non-renewal The Chief Administrative Officer¡¯s decision not to renew the Applicant¡¯s contract was arbitrarily taken. Downsizing In cases of downsizing, there is generally some established criteria put in place to ensure accountability and transparency of the process. In the present case, there was no evidence of such criteria and the Tribunal found that the Applicant was deliberately reassigned to another unit in order to make it possible for the downsizing axe to fall on him. Expectancy of renewal Applicant had a legitimate expectancy of renewal of contract considering that the Personnel...

Outcome: The application was rejected. The UNDT made the following findings: The preliminary fact-finding investigation was initiated properly, but was flawed, because the Applicant was not re-interviewed or given the opportunity to answer the allegations of sexual harassment in writing after the full scope of allegations became known to the investigation panel. However, these flaws did not vitiate the contested decision as they were cured in the process that followed. The findings of the fact-finding investigation report and the accompanying documents justified the decision to initiate formal...

Starting date of the 90-day time limit to file an application: The UNDT Statute, which prevails in case of contradiction with the Staff Rules as it is superior in the hierarchy of norms, prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration¡¯s response to the request for management evaluation or, if the Administration has not replied to such request, following the expiry of the relevant response period for the management evaluation. If the Administration replies after the response period for the management evaluation but before...

Administrative decision: The essential element of an appeal is that there is a contested and appealable ¡°administrative decision¡±. ¡°Conduct¡± is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal¡¯s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant¡¯s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to...

The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...

The Tribunal found that the Assistant Secretary-General had conducted a fair review and had not merely rubber-stamped the Executive Secretary¡¯s recommendation and that some of the allegations appeared well-founded so that in principle consideration of administrative leave was not improper. However, the feasibility of redeployment was not properly considered by the Executive Secretary, who had informed the ASG that there were no suitable posts available and that it would in any event be costly to redeploy the Applicant. In fact it appeared that there was a post available, to which the Applicant...

Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General¡¯s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...