51ÁÔÆæ

It was not disputed that the contested decision was unlawful because the Respondent conceded that the Applicant¡¯s candidacy for promotion to the P-5 level during the 2014 Promotions Session was not given full and fair consideration. Therefore, the Tribunal limited its consideration to the issue of remedies. The Tribunal rescinded the contested decision but noted that it has no power to grant the Applicant a promotion to the P-5 level, notwithstanding the admitted flaws in the procedures that resulted in an invalid decision. The granting of a promotion falls within the discretion of the...

UNDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. UNDT held that ¡®Priority consideration¡¯ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

UNDT held that the application challenging the OIOS¡¯ decision not to investigate the Applicant¡¯s allegation is misconceived. There was nothing to show that the decision being impunged in the Application was improperly taken, or that it was tainted by factors extraneous to the complaint. UNDT held that OIOS acted properly in referring the matters complained about back to UNHCR for appropriate investigation and action. UNDT dismissed the Application as not receivable.

The Applicant¡¯s attempt to hug V01 did not on its own qualify as an unwelcome sexual advance or request for sexual favour or verbal or physical conduct or gesture of a sexual nature or any other behaviour of a sexual nature. The Applicant¡¯s asking for V01¡¯s room number on multiple occasions did not constitute sexual harassment. The facts did not establish sexual harassment as defined in ST/SGB/2008/5 and as interpreted in various jurisprudence. The Respondent¡¯s investigations were skewed toward finding a case for sexual harassment regardless of the inadequacy of evidence to substantiate the...

The Applicant, a UNHCR staff member in between assignments (¡°SIBA¡±), was placed on SLWOP after having exhausted a nine-month period on Special Leave With Full Pay (¡°SLWFP¡±). The Tribunal reviewed the legality of the contested decision in light of the arguments put forward by the Applicant. Is the contested decision consistent with staff rule 5.3? The Tribunal found that the circumstances for the placement of SIBAs on SLWOP are per se exceptional and, consequently, the text of para. 139 of the RAAI is consistent with staff rule 5.3. Staff rule 5.3(f) sets the general principle that a staff...

Have the facts on which the disciplinary measure was based been established? The evidence on record, including the investigation report, the coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the Applicant¡¯s contradictory statements, and the inherent probabilities of the situation in the working and living conditions, cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, the acts of sexual harassment. Do the established facts legally amount to misconduct? The Tribunal finds...

The Tribunal found that the Administration discharged the burden of establishing that misconduct had occurred with regard to most of the allegations and that the established facts legally amounted to misconduct under the regulations and rules. There were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant.

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3)The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4)The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability: The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...