51ÁÔÆæ

The Tribunal found that the facts of the case created a situation in which a fair-minded observer would have concluded that there was a real possibility that the presence of that senior official on the interview panel would lead to a reasonable perception of bias. It was thus unreasonable for that Panel member not to, at least, have raised the matter of a perceived conflict of interest with the panel and, ultimately, not to have recused himself from sitting on it. However, since there was no evidence that the presence of the senior manager had an impact on the outcome of the selection process...

The Tribunal found that the Respondent did not comply with his obligation to make reasonable and good faith efforts under staff rules 9.6(e) and 13.1(d) to find the Applicant an alternative post. Termination of appointment: A termination of a contract of employment by reason of restructuring of the workplace is lawful provided that the Organization discharges fully its duty and obligations towards the displaced staff member in accordance with the applicable law; the latter, in the case of termination of a permanent appointment for abolition of post, is staff rules 9.6(e) and 13.1(d). Duty of...

UNDT deemed it appropriate to decide on the application, without first transmitting a copy of the application to the Respondent for a reply. The Applicant should have requested management evaluation of the contested decision, but failed to do so. UNDT rejected the application as not receivable.

The Applicant submitted three sets of education grant claims, on 19 November 2012, 12 July 2013, and 8 September 2014 in respect to the relevant school years. The Tribunal found that on 14 February 2013, 11 September 2013, and 2 October 2014, respectively, OHRM made decisions not to process the three claims, pending settlement of the Applicant¡¯s claim in respect to the 2011¨C2012 school year. It was alleged that the Applicant had submitted misleading or false documents in respect to this claim. The Applicant submitted a request for management evaluation in respect of all three of his education...

Downsizing: The Tribunal found that the decision to cut the Applicant¡¯s post and to not renew her appointment beyond its expiry was made in the context of the downsizing of the Mission. It was a rational decision made in light of the needs of the Organization. It was made and conducted in accordance with the procedures outlined in the information circulars. It was, with the exception of the short delay in conveying the actual decision, procedurally regular and lawful.Comparative review process: The Tribunal concluded noted that the functional title of the Applicant¡¯s post did not match the...

The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is ¡°the improper use of a position of influence, power or authority against another person¡±. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...

Lawfulness of non-renewal decision: The Tribunal held that the instructions from UNHQ about the need for UNMIL to cut its budget by downsizing provided ample justification for the restructuring of the Mission which included the down-grading of a number of posts, including that encumbered by the Applicant. The Tribunal was satisfied that the reasons for the restructuring were genuine. Abolition of post: The Tribunal concluded that the contested decision was clear on its face that it was due to budget cuts and downsizing. Consequently, the Tribunal held that the reference to the abolition of the...

United Nations core competency of Communication - Due to sheer incompetence and inefficiency, the Respondent¡¯s agents did not exhibit professionalism when they failed in their duty to give proper, timely and accurate information regarding his employment and health status to the Applicant. They failed also to exhibit the core competency of communication which is required of every staff member. Requirement to file a management evaluation request - The new claims the Applicant sought to be allowed to introduce as part of this case which was instituted in 2012 are separate and distinct issues...

The UNDT found that the Applicant's claims concerning the two 2010 decision were time-barred under art. 8.4 of the UNDT Statute. The UNDT found that, contrary to his claims, the Applicant had received, in May 2010 and August 2010, management evaluation decisions in response to his requests regarding the refusal to grant special leave and his separation from service. Regarding the 2015 decision not to re-employ the Applicant, the UNDT found that, having been separated from service in May 2010, and not having contested that separation within the prescribed time limits, the Applicant did not...

The Tribunal issued a summary judgment dismissing the application as premature and not receivable. The Applicant had not waited for the outcome of his request for management evaluation or the expiration of the 30-day time limit for the Management Evaluation Unit to respond to the request.