51ÁÔÆæ

The Tribunal held that the facts arose from the Applicant¡¯s former employment relationship with UNHCR. Accordingly, the Tribunal found the application to be receivable.

The Tribunal found that the Applicant identified the contested decision as ¡°misconduct allegations¡± made against her. It was clear that the Administration was yet to take a decision whether or not to discipline her. Allegations of misconduct are only a prefatory act, from which no direct consequences stem for the terms of the Applicant¡¯s employment. Accordingly, the application was found not receivable for want of a reviewable administrative decision and it was dismissed.

Receivability In the present case, the Applicants contest the Administration¡¯s decision dated 14 August 2021 to consider Mr. Oming, whom the Administration identified as the spouse of the deceased staff member, as the recipient of a death benefit pursuant to staff rule 9.11(a)(vii). In this respect, the Tribunal recalls that the extension of its jurisdiction to deceased staff members is intended to permit resolution of disputes concerning contractual rights acquired during previous employment by staff members whose contracts have expired (see Arango 2021-UNAT-1120, para. 28). The...

Public interest, transparency, scrutiny and accountability are not impaired by the removal of the Applicant¡¯s name from the public domain. Consequently, and taking into consideration the sensitive nature of the facts, which involve alleged ¡°sexual exploitation of a vulnerable person¡±, the Tribunal grants the Applicant¡¯s request for anonymity. The decision not to renew the Applicant¡¯s fixed-term appointment, communicated to him on 23 September 2019, is not grounded on disciplinary considerations, which were the subject of the instant case, and constitutes an autonomous administrative decision...

Receivability The Applicant did not request management evaluation of the following contested decisions: 1) The Administration¡¯s failure to take appropriate action in relation to her complaint; 2) Undue delays in the investigation, in the initiation and conducting of a disciplinary process, and in taking the final decision on the imposition of disciplinary sanctions against her former supervisors; and 3) The Administration¡¯s failure to take appropriate action to protect her from sexual harassment in her workplace environment and to remedy the harm suffered. Moreover, the Tribunal is not...

The application was not receivable ratione temporis because it should have been filed on or before 11 November 2021 but was filed on 1 December 2021.

The Tribunal held that the application was not receivable because it did not meet the conditions of an appealable administrative decision under art. 2(1)(a) of the Dispute Tribunal¡¯s Statute. Accordingly, the application was rejected.

The contested memorandum is not an administrative decision open to challenge as per the definition adopted by the United Nations Administrative Tribunal and the United Nations Appeals Tribunal. The Applicant failed to identify an administrative decision affecting her terms of employment and the contested memorandum concerns a general delegation of authority. Consequently, the application is rejected as not receivable ratione materiae.

The Applicant has no right to the Administration¡¯s blanket acceptance of his account of events, nor to the imposition of sanctions against another staff member without due process. The application is therefore not receivable ratione materiae.

The Applicant cannot claim that the Administration had initiated a disciplinary process against her. The Applicant had no right to force the Administration to complete a disciplinary process against her. The Administration decided to suspend the consideration of initiating a disciplinary process in relation to the Applicant should she be employed with the Organization in the future. Therefore, as in Kennes, the Applicant¡¯s due process rights have not been violated. The note placed in the Applicant's Official Status File is merely informative in nature and does therefore have no impact on the...