51ÁÔÆæ

The facts of the case amounted to two decisions being challenged: the decision of the RSCE to deny the Applicant¡¯s request for education grant for his son for the 2019-2020 academic year, in total or prorated, and the Head of Mission¡¯s refusal to grant the Applicant an exception under staff rule 12.3(b). The Applicant only requested management evaluation of the RSCE decision. To the extent that the Applicant contested the decision of the Head of Mission, the application was not receivable since the Applicant failed to request management evaluation of that decision. The Applicant did not...

UNDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. UNDT held that there was no nexus between the Applicant¡¯s former employment and the contested decision. UNDT held that the Applicant did not have standing and that the application was not receivable ratione personae. UNDT rejected the application in its entirety.

The charge was properly investigated and proffered. There was due process of law and the Applicant at all times had every opportunity to refute the charge and show that UNDP had failed to prove it by clear and convincing evidence or that there were mitigating circumstances. There was no doubt in the process and the ability of the Applicant to understand the charge and make representation about it. Any difficulty in contradicting the charge during the process with documentary evidence was cured by the fact that the matter was provided an oral hearing before the Tribunal.

Accountability...

The application is not receivable because art.8.1 of the Tribunal¡¯s Statute makes it clear that the application must be filed within 90 days of receipt of the management evaluation where the management evaluationis provided within 45 days of the request. The Applicant raised for management evaluation the complaint that the investigation was not fair and balanced because the report not been disclosed to him; there was no management evaluation of the allegation of negligence. That allegation is therefore not receivable.

Regardless of the source of information published in public articles, the decision to issue a press release in response to publications falls, as a matter of principle, within the discretion of the Organization and is a managerial prerogative. Organizations subject to a high level of public scrutiny, which is the case of the UN, have a right to respond to public allegations and to defend their interests, their image, and, ultimately, their work within the boundaries set by their internal law. In the current case, the Tribunal needs to assess if the content of a press release impacted the...

UNDT held that the Applicant¡¯s due process rights were respected because she was afforded the opportunity to provide comments related to the administrative measures applied at every step of the process and was represented by Counsel. She also did not challenge the adversarial examination of the allegations that was undertaken. UNDT found that the facts in support of the administrative measures imposed were established as per the applicable standard of proof. UNDT held that the administrative measures imposed on the Applicant were rational and proportionate to the established facts, as well as...

In making the final decision on the Applicants¡¯ complaint, the then Director General, UNOG, as the responsible official for their case, was bound by sec. 5.18 of ST/SGB/2008/5. Since the investigation report concluded that no prohibited conduct was established, the consequent decision to close the matter without any further action was nothing more than regular compliance with sec. 5.18(a) of ST/SGB/2008/5. In assessing the legality of the decision to take no further action, the Tribunal must examine whether the Administration breached its obligations pertaining to the review of the complaint...

UNDT noted that the Applicant indicated in his application that he was informed of the contested decision on 1 October 2019 and that he did not request management evaluation of said decision, as required. UNDT accordingly held that the application was not receivable and dismissed it.

UNDT held that the application was not receivable ratione materiate, as the Applicant did not request management evaluation, as required. UNDT dismissed the application.