51ÁÔÆæ

Whether the application is receivable The Tribunal considers that the issues concerning the eligibility of SPA and the timeliness of its request are questions for the merits and have no bearing on receivability. Thus, the core receivability issue before the Tribunal is whether the contested decision falls within the scope of art. 2.1(a) of its Statute. The Tribunal is of the view that the contested decision fulfils the test of Andronov. It has been ¡°shown to adversely affect the rights or expectations of the staff member¡± (see Michaud 2017-UNAT-761, para. 50), and thus has a direct legal...

UNDT held that the Applicant had no authority to demand a performance guarantee from an NGO Coordinator and that the Applicant¡¯s intention was not to keep a performance guarantee, but rather to obtain a bribe from the NGO Coordinator. UNDT held that it was not convinced of the probative value of the alleged handwritten note which the Applicant claimed was evidence of his intention to request a performance guarantee. On the issue of the Applicant returning the alleged performance guarantee, UNDT held that the real intention of the Applicant and the Senior Programme Assistant was to avoid the...

UNDT preliminarily decided not to admit the Non-Governmental Organization (NGO) Coordinator¡¯s testimony into evidence, holding that it was not required because the case record already contained relevant evidence in relation to the facts in which he had been involved. UNDT held that the evidence showed that neither the Applicant nor the Senior Programme Officer were involved in the implementation of the project. In fact, a Senior Reintegration Officer had overall responsibility for it as he requested an operational advance and, consequently, was personally responsible for the funds. UNDT...

UNDT denied the Applicant¡¯s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. UNDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for UNDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. UNDT held that the most appropriate remedy for the Applicant would be rescission...

UNDT found that the Applicant did not contest the non-renewal of her fixed-term appointment, and held that the application was admissible as the Applicant properly requested management evaluation of the decision related to her non-selection. UNDT noted that the recruitment process was conducted in accordance with the UNDP¡¯s Recruitment and Selection Policy. UNDT held that the Applicant was given full consideration in the selection process, and that her experience in the United Nations as well as her status as a staff member of the RCO in Turkey was properly recorded in the corporate panel...

The Tribunal finds that the Respondent has complied with every aspect of the regulatory framework. Specifically, regarding the complaint that the Applicant was not provided with details of the allegations that led to the investigation, there is no requirement for such disclosure when informing a staff member that they will be placed on leave with pay at the initial stage of an investigation. This differs from the circumstances where the decision being made is placement on leave without pay. There is no indication that the Respondent acted other than in full compliance with the regulatory...

The Applicant seems to also challenge the Administration¡¯s response to his request for management evaluation, which is not a reviewable administrative decision, and therefore the Tribunal will only review the contested decision itself. The governing legal framework in this case is ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). ST/SGB/2008/5 is not applicable in this case as he did not allege that he was subjected to discrimination, harassment, or abuse of authority by Ms. A. Rather, the Applicant¡¯s claim is that Ms. A filed a false and malicious complaint...

Scope of the review The original decision not to grant the Applicant a permanent appointment was notified to her in January 2019. The communications between the Applicant and the Administration in this regard in April-May 2020 were merely reiterations of a challenge and of the original decision. These communications did not reset the clock with respect to statutory timelines. The Applicant failed to challenge the decision made in January 2019 within the statutory time limit and, therefore, the Tribunal rejects the application with respect to the Administration¡¯s refusal to grant a permanent...

Whether the application is receivable in its entirety In determining the date when the three-year statutory period under art. 8.4 of its Statute should run from, the Tribunal recalls that ¡°a written decision is necessary if the time limits are to be correctly, and strictly, calculated. Where the Administration chooses not to provide a written decision, it cannot lightly argue receivability, ratione temporis¡± (see Manco 2013-UNAT-342, para. 20). Without receiving a notification of a decision in writing, it would not be possible to determine when the period of three years for contesting the...

UNDT held that that there was sufficient evidence in the investigation report that the Applicant harassed staff members and created a hostile work environment. UNDT held that there was no clear and convincing evidence, against the Applicant, that the recruitment of two local consultants was an act of misconduct on his part, as it was a managerial process in which he was not regularly involved. UNDT thus held that there was no basis for the inclusion of irregular recruitment in the charges against him. UNDT held that there was not clear and convincing evidence of sexual harassmet of C1 by the...