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 UNDT found that the Applicant¡¯s substantive post has not existed for the past two years and that the Applicant has temporarily encumbered vacant posts to which he was not recruited since then, it is evidently too late in the day to challenge the abolition of his post which took place in 2013. General Assembly Resolutions - To the extent that the decision to abolish the Applicant¡¯s post was that of the GA, this Tribunal lacks jurisdiction to review the said decision.

The Tribunal found that the belated filing and the accompanying legal advice and arguments advanced by OSLA Counsel on behalf of the Applicant in the context of the prior proceedings did not constitute an administrative decision subject to appeal before the Tribunal. The application was dismissed as not receivable.

The Tribunal held that the application was receivable since the Applicant was alleging non-compliance with the terms of his appointment¡ªnamely, the obligation to act reasonably and in good faith¡ªas a consequence of an alleged breach of an express promise creating a legitimate expectation. However, turning to the merits of the case, the Tribunal found that the Administration had not created a legitimate expectation when the Executive Office of the Department of Safety and Security informed him that ¡°barring unforeseen circumstances, it is the intention of the Department to extend [your] fixed...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Tribunal dismissed the motion and found the application not receivable ratione temporis because (a) it was filed outside the applicable 90-day time limit as provided for by art. 8.1(d)(ii) of the Statute and (b) no extraordinary circumstances prevailed.

The facts at issue and their legal characterization (physical assault) were established. However, the Tribunal found that the sanction imposed was disproportionate, considering that the mitigating circumstances applicable, notably the Applicant¡¯s mental health condition at the time of the incident giving rise to the disciplinary measure and alleged provocation before it, were not fully and properly considered. It was noted that the investigation failed to gather sufficient evidence on these aspects, which where thus not properly put before the decision-maker. Unlawfulness of a ¡°forfeit...