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The transitional measure under the new parental leave scheme grants an additional 10 weeks of special leave with full pay ("SLWFP") to staff members who were already on maternity leave on 1 January 2023. This measure was created to facilitate the transition from the previous parental leave scheme to the new one, and to enable equity and fairness in the treatment of staff members who became parents by giving birth.

The Tribunal found that the transitional measure was a fair, reasonable, and rational solution. Under it, all birthing parents that were still on maternity leave when the new policy...

The Tribunal found that:

(a) The Applicant did not satisfy the criteria which would support his claim to whistleblower protection.

(b) The facts of the contested decision were properly establised. Since the Complainant had the relevant qualifications and experience, the Applicant¡¯s attacks on her were neither well founded, nor did they constitute a fair response or comment in the circumstances. The concerns were defamatory of her professionalism and integrity. Accordingly, the Applicant made disparaging remarks about the Complainant in front of other UNJSPF staff. In addition, the Applicant...

It consistently follows from AA¡¯s responses, or lack thereof, to the Applicant¡¯s many texts on the proposed ¡°bet¡± that he found these messages unwelcome. For instance, AA wrote to the Applicant that: ¡°Still on that topic man?¡±; ¡°I value my dignity more than $2.000¡±; ¡°I do not bet¡±; ¡°I thought it was a really stupid bet haha I would never [force you to pay] me, but you have kept bringing it up 1298548065908 times. That is why I say that if you continue with that emotional topic, I will send you my UNFCU account and that is it¡±; ¡°The bet. Now, man, stop the subject. It is over¡±. Despite this...

The Trinunal found that the Applicant¡¯s contest to the decision of 19 July 2021 to place him on ALWP was time-barred as the Applicant did not request management evaluation of that decision within the stipulated deadline. The Tribunal found that the subsquent decisions to extend the Applicant¡¯s placement on ALWP were lawful.

The Tribunal found that Applicant¡¯s persistent refusal to complete the 2018/2019 e-PAS evaluations for staff members for whom the Applicant was the First Reporting Officer ("FRO") and engage with KJ constituted misconduct. The Tribunal further found that the Applicant...

The Applicant¡¯s 16 September 2023 request for management evaluation was not filed in a timely manner as it was filed after the expiry of the 60-day deadline stipulated in staff rule 11.2(c). There was, however, no issue of res judicata in the present case.

In the absence of any further information and/or evidence, DSS/SSS indeed acted within its scope of discretion under staff regulation 1.2(c) and art. 100.2 of the United Nations Charter, when deciding not to take any further action on the Applicant¡¯s request for action regarding his complaint concerning the relevant law enforcement agency.

The Tribunal found that the Applicant¡¯s appointment was lawfully terminated under staff regulation 9.3(a)(i) following the termination of MINUSMA¡¯s mandate. The Tribunal found that there is no basis for the Applicant¡¯s claim that the Administration unlawfully terminated his appointment early because of his health. The Tribunal found that the Applicant¡¯s reliance on ST/AI/2019 and ST/AI/1999/16 was misguided since his appointment was not terminated on health grounds.

In the context of the present case, the Tribunal finds that the electronic UMOJA notifications regarding the Applicant¡¯s time and attendance records, which were automatically sent to him on a monthly basis during the relevant four-year time period, were nothing but status updates on his leave records. None of the status updates therefore constituted separate and individual administrative decisions in accordance with art. 2.1(a) of the Dispute Tribunal¡¯s Statute against which the Applicant must file a request for management evaluation in accordance staff rule 11.2.

Applying either evidentiary...

The Tribunal recalled that it lacks jurisdiction to consider applications from non-staff members.

The Tribunal found that the application was not receivable ratione personae because at the date of the filing of the present application, the Applicant was not a staff member of the United Nations and the contested decision had no bearing on the Applicant¡¯s status as a former staff member or otherwise breached the terms of his former appointment or contract of employment.

Under the circumstances and considering that the application was not receivable, there was no need for the Tribunal to examine...

Receivability

The Applicant alleged that she was required to work during July and August 2022, before the beginning of her appointment, on the assurances that she would be compensated for the said period. However, she did not receive such compensation.

First, the Tribunal noted that the Applicant was not a staff member in July and August 2022, when she claims that she was required to work as her appointment with UNDP only started on 1 September 2022. Therefore, the Applicant had no standing to contest such a decision at the time.

Second, even considering that the Applicant could have contested...

Applicant¡¯s request for anonymization

The Tribunal found that the instant case is not comparable to AAE 2023-UNAT-1332 as the Applicant only refers to the¡°harm this case has caused¡± him and the ¡°sensitive information¡± referred to in the case without providing further reasons for the Tribunal to deviate from the principles of transparency and accountability. Therefore, the Applicant¡¯s motion was denied.

Receivability

The Tribunal clarified that the Applicant's reassignment to a post reflecting his new P-5 level after demotion is a separate administrative decision for which the Applicant did not...