51ÁÔÆæ

The issue of disclosing an investigation report is not new. It was, in fact, considered by this Tribunal in its judgments Adorma UNDT/2010/205 and Haydar UNDT/2012/201 as well as by UNAT in judgment Ivanov 2015-UNAT-519. In the latter, UNAT entered into consideration of the non-disclosure of an investigation report despite the fact that the Secretary-General had questioned the UNDT¡¯s jurisdiction over such a decision. The Organisation¡¯s obligations as stipulated in ST/SGB/2008/5 are an integral part of a staff member¡¯s contractual rights. They include the obligations of the Organisation and...

UNDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. UNDT held that ¡®Priority consideration¡¯ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

UNDT held that the terms and conditions of the employment contract of a staff member are set forth in the letter of appointment and its express incorporation by reference of the Organization¡¯s Regulations and Rules and all pertinent administrative issuances. The Staff Regulations and Rules embody the conditions of service and the basic rights and duties and obligations of United Nations staff members. A decision relating to learning and development opportunities is an administrative decision subject to judicial review. UNDT held that the standard operating procedure for the UN Leaders...

UNDT held that the Settlement Agreement was properly before UNDT for its enforcement. UNDT noted that there was no special procedure prescribed by the UNDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. UNDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. UNDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

Absent a prior request for management evaluation, the Tribunal may not consider the merits of the case.

UNDT noted that the Administration bears the burden of establishing that an alleged misconduct for which a disciplinary measure has been taken against a staff member occurred. When termination is a possible outcome, misconduct must be established by clear and convincing evidence, which means that the truth of the facts asserted is highly probable. Is not the role of the UNDT to conduct a de novo review of the evidence and place itself in the shoes of the decision-maker. The Tribunal was satisfied that the Applicant partook in the misappropriation of the material, which belonged to the...

The Tribunal concludes that the Hiring Manager erred in finding that the selected candidate¡¯s Master¡¯s degree was related to, and therefore relevant for, any of the required specifically mentioned areas (computer science, information systems, mathematics, statistics) and wrongly determined that she fulfilled the educational requirement.; The Tribunal concludes that an additional criterion was used to evaluate only the selected candidate for the post, namely field experience, and that this criterion was not included in the Job Opening and the Hiring Manager erred in finding that the selected...

The Administration decided to re-examine an earlier decision not to review the two job descriptions. The Applicant was notified that after multiple reviews it was decided that the two job descriptions would not be revised. The Applicant received notification of this final and unambiguous decision at a moment, which puts her request for management evaluation well within the deadline. The application is deemed receivable.

The Tribunal was of the view that, essentially, the Applicant attempted to create an administrative decision in an attempt to contest it. Whilst the approach discloses some imagination on the part of the Applicant, the absence of a response by the High Commissioner to the Applicant¡¯s request does not create any direct legal consequence for him. Thus, there is no administrative decision, directly or by implication, that the Tribunal would have jurisdiction to consider. The Applicant has no right to make an appeal in respect of matters to which he was not a party. Indeed, the Applicant did not...

The Tribunal has no general jurisdiction to review or supervise internal union affairs and has no competence to substitute, review or enforce any of the Arbitration Committee decisions. The Applicant¡¯s claim regarding the provision of the names of eligible voters to polling officers as referred to in the 4 January 2017 email broadcast is not receivable under art. 2.1(a) of the Dispute Tribunal¡¯s Statute. The Appeals Tribunal has held that the key characteristics of an administrative decision subject to judicial review is that the decision must be ¡°a unilateral decision taken by the...