Request for execution of orders on suspension of action: The Tribunal does not have jurisdiction to enforce the execution of an order for suspension of action under art. 12 of its Statute and art. 32.2 of its Rules of Procedure. The Tribunal is not authorised either to circumvent these explicit provisions by using its power under art. 36.1 of its Rules of Procedure to extend its competence beyond the limits defined by the General Assembly in the Tribunal’s Statute.
Due process rights: Disciplinary proceedings are of an administrative and not of a criminal nature, hence criminal law procedures do not apply. The Applicant’s due process rights are contained in the relevant administrative issuances, under which rights such as the right to counsel and to be informed about the charges against him do only apply as of the moment the disciplinary procedure is initiated (charge letter), but not at the stage of the preliminary investigation. The right to cross examine witnesses does not apply at any stage of the administrative procedure, but only once the case is...
The Tribunal held that the Applicant’s intentional actions amounted to misconduct. Although the Applicant did not receive any money from the health insurance company, the mere fact that he attempted to defraud the company by knowingly submitting false information constituted a violation of staff regulation 1.2(b) and amounted to misconduct. Whereas the Applicant contended that his termination was disproportionate particularly in view of his 17 years of service to the Organisation and his continuous satisfactory performance, the Tribunal held that the disciplinary measure was proportionate to...
Pursuant to staff rule 3.17(ii), the Applicant was required to make a written claim to receive retroactive SPA “within one year following the date on which [she] would have been entitled to the initial payment”. This request should have been made within one year of 1 December 2009, that is, by or before 1 December 2010. However, it was only on 5 September 2011 that the Applicant wrote an interoffice memorandum requesting an extension of her SPA at the P-2 level from 1 December 2009 to the then-present time to account for the additional functions that she had been performing. The Applicant...
Due diligence: A delay in payment of an entitlement under the Staff Rules and Regulations can constitute a violation of a general principle of due diligence and good faith towards staff members, enshrined in the Charter of the United Nations, which is a structural principle of good management practice. Undue delay: In order to assess whether a delay in payment of an entitlement is undue, the Tribunal will look into the time payment would have taken had normal workflows been respected. A delay of eleven months in payment of an entitlement is undue and may warrant compensation provided the...
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...
The Tribunal was mindful of the fact that its authority to suspend or waive the time limits set forth in art. 8.3 of the UNDT Statute did not extend to deadlines for management evaluation. These deadlines cannot be waived notwithstanding whether the failing of the deadline would have been occasioned by confusing information received from the Administration. As provided in staff rule 11.2(c), the deadline for requesting management evaluation may only be extended by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified...
Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the Organization’s internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a mere communication conveying discontent to “management” does not amount to a formal management evaluation request. Management evaluation is a formal process involving a request to the body specifically vested with the authority to look into a contested decision, to consider whether it conformed with the applicable rules of the...
In light of the parties’ agreement, the Tribunal accordingly entered judgment as follows: a) The Applicant would be paid four months’ net base salary at the level he encumbered prior to his separation from service on 9 August 2013. b) The Applicant would be paid eight months’ net base salary at the level he encumbered prior to his separation from service on 9 August 2013, less the USD equivalent of EUR59,000 calculated as specified below. c) Pursuant to rule 106.5(a) of the United Nations’ Financial Regulations and Rules, the operational rate of exchange, as established by the Under-Secretary...
The best interests of UNHCR were clearly not served by the removal of the Applicant. It is unfortUNATe that some members of the UNHCR senior management sought to hide behind the veil of acting in the Organization’s best interests to act in their own self-interest. The Tribunal therefore found on that score that the Respondent’s explanation were a mere afterthought which was only spun to defend an action that was clearly lacking in due process and constituted an unfair and highhanded removal of the Applicant and abuse of official discretion. The Tribunal was not in any doubt that the removal of...
