51ÁÔÆæ

The UNDT found that as there is no sufficient nexus between her non-selection to the advertised post and the terms of her previous appointment, the application is rejected as irreceivable ratione personae. Sufficient nexus (receivability ratione personae): A former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose, partly arose, or flowed from his or her employment. There must be a sufficient nexus between the former employment and the impugned decision. In the absence of any provisions giving rights to...

The Tribunal found that after a first positive evaluation in 2012, the Applicant¡¯s first reporting officer had put the Applicant on notice in respect of what she perceived as shortcomings in the Applicant¡¯s performance, at the beginning of the performance cycle 2013/14. It found, however, that the Rebuttal process was marked by serious procedural flaws and ruled that the final decision on the rebuttal, confirming the Applicant¡¯s PAS rating for the cycle 2013, was illegal and could not stand. Therefore, and since the decision not to extend the Applicant¡¯s appointment beyond 30 June 2014 was...

Full and fair consideration: In the absence of concrete, convincing evidence, the mere fact that it is possible, theoretically, to alter/tamper a written test will not suffice for the Tribunal to conclude that an Applicant¡¯s candidature was not given full and fair consideration. Also, where no one of the people involved in the administration of the test had a motive to manipulate it, the Tribunal will not find that the decision had been influenced by extraneous factors. The burden of proof in these matters lies on the Applicant. Good management practice: The Administration should take measures...

The procedure for conducting investigations of allegations of harassment and abuse of authority by staff members of UNICEF is set out in Administrative Instruction CF/EXD/2012-007. The Applicant provided no evidence that the CF/EXD/2012-007 procedures were not complied with in relation to his case. The undisputed evidence before the Tribunal was that UNICEF¡¯s independent OIAI discussed the allegations with the Applicant but concluded that it did not merit a comprehensive review and was not a well-founded allegation of prohibited conduct. It proposed alternative recourse, which the Applicant...

Reason for non-renewal; It is commonplace that once the Respondent gives a staff member a reason for the nonrenewal of contract, such a reason must be supported by facts (Islam 2011-UNAT-115); The fact that the Respondent conceded that he could not demonstrate the lack of funds leading to the non-renewal of the Applicant¡¯s contract leads the Tribunal to draw the negative inference that UNICEF PCO had decided not to renew the Applicant¡¯s contract based on other reasons that were disclosed neither to the Applicant nor to this Tribunal.; Furthermore, the Tribunal does not find that the fact that...

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...

It resulted from the records that the Applicant only requested management evaluation of the decision concerning her non-selection, while no management evaluation request was filed with respect to the decision to abolish her former post The Tribunal, therefore, found that the claim concerning the abolition of the Applicant¡¯s former post was not receivable and proceeded to only review the non-selection decision. The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these...

The information in the documents on record pointed to purely work-related disagreements between the Applicant and her supervisor. The Tribunal rejected the complaint that UNICEF¡¯s Deputy Executive Director, Management (DED/M) did not take into consideration the facts in their entirety and misunderstood her statements when conducting the management evaluation. The Tribunal agreed with the finding that there was no evidence of abuse of authority or deliberate misrepresentation of facts by the Applicant¡¯s supervisor. The Tribunal held that the Applicant¡¯s complaint did not raise any impropriety...

Considering that the Respondent did not contest the merits of the allegations as set out in the applications, the Tribunal found that the contested decisions, i.e., to remove the Applicant from his position, to place him on SLWFP and not to renew his appointment were unlawful. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. The Tribunal considered that the decision to remove the Applicant from his position was, in fact, subsumed in the ultimate decision not to renew his fixed-term appointment. Therefore, having found that both decisions...

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse¡¯s and his father in law¡¯s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...