51ÁÔÆæ

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The ASG/OHR considered all the relevant facts, and weighed the reasons provided by the Director of the RSCE. She considered the circumstances surrounding the Applicant¡¯s prior service on a temporary appointment, and the exception previously granted to the Applicant¡¯s sister.

The Respondent created no legitimate expectation that the exception previously granted to the Applicant¡¯s sister would automatically result in the Applicant being later granted an exception, too; indeed, the derogation in the past had a different factual basis in the type and length of the relationship (and the temporary...

Where a staff member is challenging many different administrative decisions to be considered as a whole,with cumulative effect, there is no need to challenge them (by a management evaluation request and then application before the Tribunal) one by one.

The Applicant alleged that he was deprived of his core functions in 2018 and 2019, that is more than two years before the application. He only requested management evaluation in April 2021 against a 2018 decision, and not towards the subsequent administrative decisions.

Even if the Tribunal accepted that the last of the adverse decisions was...

The Tribunal recalled that staff rule 3.9(b) clearly requires that to be eligible for education grant, a staff member must "reside and serve" outside his or her home country. Based on the evidence on the record, the Tribunal established that the Applicant had telecommuted from his home country for the entire period of 2020-2021 academic year. On this score, the Applicant was not entitled to the education grant.

Regarding the Applicant¡¯s contention that he had relied on an erroneous information provided to him by the Organization, the Tribunal found that there was no reliance on incorrect...

The Tribunal noted that the gist of the application, clearly, was against the warning letter and not against the management evaluation in and of its own. The management evaluation request in this case was filed outside the statutory deadlines but above all, was unnecessary. The application against a non-disciplinary measure issued pursuant to staff rule 10.2(b) does not require management evaluation. In this case, pursuant to staff rule 11.4(b), the Applicant ought to have filed his application with the Tribunal within 90 calendar days from the date on which he received notification of the...

The Tribunal found that the Applicant had performance shortcomings as evidenced by the 2016 to 2019 ePADs and by the fact that he failed to initiate the 2020 ePAD.

The Applicant was aware or could reasonably be expected to have been aware of the required performance standards.

The Applicant was given a fair opportunity to meet the required standard and the Administration did not err by not availing him more opportunities to improve considering the totality of circumstances in this case.

The totality of circumstances supported a finding that the termination of the Applicant's appointment was...

The Applicant contested the imposition of disciplinary and non-disciplinary measures following the completion of a disciplinary process thus, she was not required to request management evaluation as per staff rule 11.2(b). In accordance with art. 8.1(d)(ii), her application should have been submitted directly to the UNDT within 90 calendar days of her receipt of the administrative decision. The Applicant received the sanction letter/contested decision on 1 April 2022, which meant that she had to file her UNDT application on or before 30 June 2022 to be within the prescribed time limits. She...

The Tribunal noted that the Applicant did not dispute the fact that he did not request management evaluation within the 60-day statutory period of staff rule 11.2(c). He did not dispute the fact that while the 60-day period commenced on 25 January 2021, he mailed his request for management evaluation on 16 April 2021, more than three weeks after the expiration of the statutory deadline.

Accordingly, since the Applicant did not seek management evaluation in a timely manner, his application was not receivable ratione materiae. Consequently, the application was dismissed as not receivable.

The Tribunal found that the contested decision was lawful. The Tribunal found that the Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant, as a senior manager, was conferred a duty of care to promote a ¡°harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct¡± as per ST/SGB/2008/5, which she failed to do. The Applicant¡¯s actions, as established by the facts, constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct.

The Tribunal found that the contested decision was lawful on the basis that the selected candidate had more experience than the Applicant and was therefore appropriately ranked the strongest candidate. Based on the documented record and the recommendation of the Hiring Manager, the Executive Director of UN-Habitat lawfully selected the candidate best suited for the functions of the position, taking into account the Organization¡¯s gender targets. The Tribunal was satisfied that the Administration had shown that the applicable procedure was followed and that the Applicant¡¯s candidacy was...