The Tribunal found that there were several reasons why the application was not receivable: the impugned decision was merely a prefatory act , moreover, as such, it was sub judice in Case No. UNDT/NBI/2022/6. However, on a purely formal plane, the application had been filed out of time.
The Tribunal had no jurisdiction to determine this application on the merits as it challenged a decision that was not submitted for management evaluation in a timely manner. The application was filed without being preceded by a timely filing of a request for management evaluation.
The allegations in the Applicant’s complaint squarely [fell] in the realm of workplace disagreements about the normal exercise of managerial authority. Section 1.1 of ST/SGB/2019/8 states that “[d]isagreement on work performance or on other work-related issues is normally not considered prohibited conduct and is not dealt with under the provisions of the present bulletin but in the context of performance management”. The responsible official’s conclusion that it was unlikely that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case (section 5.5...
The Tribunal recalled its observations in Fultang UNDT/2022/102 filed by this Applicant. The measure is provided in the interest of the Organization; and was fully justified by the need to preserve evidence and to avoid the risk of repetition or continuation of further acts similar to those the Applicant was accused of.
The fact that the Applicant accepted a lower level post did not make his application moot. The Administration failed to fulfil its obligation to offer available positions at the same level of the abolished post. The Applicant sustained and continues to sustain a relevant loss of salary because the Administration failed to make good faith efforts to place him in one of the positions that he applied to at the P-5 level, positions for which he was duly qualified. The Administration also failed to meet its obligation to reassign the Applicant as a matter or priority to another post matching his...
The Tribunal found that the sanction in this case bore no rational connection or suitable relationship to the evidence on the record and the purpose of progressive or corrective discipline. The Applicant’s messages were mainly reactionary, and he showed great pateince in not responding to the complainant's tone. The Applicant was provoked. The Applicant identified no special circumstances which would warrant the anonymization of this matter, apart from potential personal embarrassment and discomfort, which were not sufficient grounds to grant anonymity.
The Tribunal found that the Applicant’s candidature was not given full and fair consideration. Many questions were deleted after the test, a grading methodology was developed after the test and even the passing grade was determined after the test. If indeed there was a legitimate need to make a correction, which there was no proof that there was, the permitted action that the Administration could have taken as per Chhikara 2020-UNAT-1014 was either: (a) administer a new written test to all candidates; or (b) implement variations to the assessment methodology that would not have prejudiced any...
The Applicant was notified of the decision in writing by email dated 17 June 2022. Accordingly, he was required to file his application by 15 September 2022. However, the Applicant filed it on 18 September 2022. The application was therefore not filed within the deadlines stipulated by the Tribunal's Statute. Further, the Applicant did not request a waiver of the deadline before filing his late application or in the late application itself. The application was found to not be receivable.
It was crucial for the Tribunal to examine the relationship between the Applicant and the alleged victim of his behaviour. There was clear evidence of constant financial support to the complainant/victim. The Applicant built a relationship of trust with the complainant/victimthe where she was able to rely on him for support and was comfortable to meet with him outside of the UNFPA Malawi Country Office. The victim was placed in a very vulnerable position. The abuse by the Applicant was not an isolated episode, as the Applicant is accused also for sexual assault and harassment in different...
The Tribunal found that the use of the investigation report was not subject to the confidentiality agreement between the parties; it was an autonomous document, which was lawfully used in court. The decision did not constitute a disciplinary measure. It was taken pending the completion of the disciplinary process and was without prejudice to the Applicant’s rights. More than one circumstance warranting the placement of the staff member on ALWP occurred. The Applicant could be dismissed or separated from service with the United Nations for breach of the duty of trust and confidence, in...
