51ÁÔÆæ

The Tribunal noted that, as stipulated in sec. 5.1 of ST/AI/2017/1, ¡°OIOS retains the ultimate authority to decide which cases it will consider and shall determine whether the information of unsatisfactory conduct received merits any action¡±.

Accordingly, the Tribunal found that the contested decision was lawful.

As the decision by OIOS not to open an investigation was found to be a lawful exercise of the Administration¡¯s discretion, there was no basis for the referral of this case to the Secretary-General for possible action to enforce accountability.

The Applicant disputed whether the Office of Internal Audit and Investigations (¡°OIAI¡±) decision not to initiate an investigation into his complaint of alleged harassment and abuse of authority was lawful, reasonable, and fair. He asserted that while work-related matters normally do not constitute prohibited conduct, UNICEF¡¯s Policy on Prohibited Conduct does not exclude performance-related matters from being considered harassment and abuse of authority.

The issue before the Tribunal was determining whether the Applicant¡¯s contentions fall in the scope of regular disagreements on work...

The primary legal issue before the Tribunal was whether the decision not to select the Applicant for the position of P-4 Reviser (Russian) was lawful in that he was given full and fair consideration for the position.

The Tribunal found that the applicable procedures were properly followed, and that the Applicant¡¯s allegations of procedural irregularities were unsubstantiated.

With respect to full and fair consideration, the Tribunal noted that after reviewing the applications based on the established evaluation criteria, four candidates were deemed not to be suitable and five candidates...

It is not in dispute that the Applicant received notice of the contested decision on 8 May 2023 and that he only sought management evaluation in respect of the contested decision on 2 May 2024, approximately one year later. Since the management evaluation request was submitted outside of the statutory 60-day deadline stipulated in staff rule 11.2(c), the application is non-receivable ratione materiae (see, also, Christensen 2013-UNAT-335).

The Respondent¡¯s motion for summary judgment was granted.

The Applicant failed to establish through clear and convincing evidence that the selection process for the Post was tainted by any unlawful actions or that he suffered any harm as a result of the contested decision. Accordingly, his application was dismissed and his claim for compensation was rejected.

The assertion that the Applicant had a reasonable expectation that his candidacy would receive special consideration since he had performed the functions of the Post for five years was misplaced. He did not seriously dispute the fact that the creation of the Head of Office position was not a...

Compensation in lieu is ¡°not related at all to the economic loss suffered¡± (see Nega 2023-UNAT-1393,para. 62) and there is no duty to mitigate loss as a precondition for receiving in lieu compensation (see Zachariah 2017-UNAT-764). It is, according to the Tribunal¡¯s Statute, an option that the Respondent can take instead of reinstating the Applicant in the service. Therefore, pecuniary loss or gain is not a relevant factor.

Consistent with the requirement to act fairly, justly and transparently, the Respondent bears the burden to show that the Applicant did not possess the core and functional...

The Applicant¡¯s request for RC to prepare questions for the ACABQ members to ask the USG/OSAA about the issues that the Senior Managers had been contesting in the office was a breach of staff regulation 1.2(i) which provides that ¡°[s]taff members shall exercise the utmost discretion with regard to all matters of official business. They shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their...

The Tribunal noted that under staff rule 11.2(a), requesting a management evaluation was indeed required, but the Applicant had not previously submitted the contested administrative decision for management evaluation. Accordingly, the Tribunal found that the application was not receivable.

The Tribunal found the application to be receivable on the basis that a negative performance rating does produce legal consequences for the affected staff member and is reviewable.

In the Tribunal¡¯s view, the Respondent failed to show that the USG engaged the Applicant in a proper performance discussion or provided sufficient feedback of a performance shortcoming as required by secs. 7.1, 7.2 and 10.1 of ST/AI/2021/4. he Tribunal found no evidence of a discussion between the USG and the Applicant which could be classified as a performance milestone discussion, one which sets out clear targets...

Each of the three allegations were serious on their own. The compound nature of the allegations left no possibility for any other punishment than separation. The Organization¡¯s zero-tolerance policy also entails severe punishments for those who engage in harassment (see, for instance, the Appeals Tribunal in Conteh 2021-UNAT-1171, para. 41).

The record indicated that the decision-maker weighed all factors, both mitigating and aggravating, before arriving at the contested decision. Since there was sufficient evidence that all factors were given due consideration, but that the aggravating...