51ÁÔÆæ

Public interest, transparency, scrutiny and accountability are not impaired by the removal of the Applicant¡¯s name from the public domain. Consequently, and taking into consideration the sensitive nature of the facts, which involve alleged ¡°sexual exploitation of a vulnerable person¡±, the Tribunal grants the Applicant¡¯s request for anonymity. The decision not to renew the Applicant¡¯s fixed-term appointment, communicated to him on 23 September 2019, is not grounded on disciplinary considerations, which were the subject of the instant case, and constitutes an autonomous administrative decision...

No new evidence is to be filed by the parties with their closing submission and pursuant to the principle of equality of arms, both parties must have the opportunity to test the evidence on record. Disciplinary proceedings within the Organization do not amount to criminal procedures. Use of video footage from an external entity during the investigation is not illegal as UNHC rules provide that investigators may avail themselves of external supporting evidence. Sick leave requests must be approved by a staff member¡¯s service/Human Resources section or the respective Medical Service. The...

Receivability In the present case, the Applicants contest the Administration¡¯s decision dated 14 August 2021 to consider Mr. Oming, whom the Administration identified as the spouse of the deceased staff member, as the recipient of a death benefit pursuant to staff rule 9.11(a)(vii). In this respect, the Tribunal recalls that the extension of its jurisdiction to deceased staff members is intended to permit resolution of disputes concerning contractual rights acquired during previous employment by staff members whose contracts have expired (see Arango 2021-UNAT-1120, para. 28). The...

Scope of judicial review The Tribunal entertains applications against administrative decisions de novo and without regard to the outcome of the MEU review. Accordingly, the Tribunal will not adjudicate the Applicant¡¯s arguments in relation to the Internal Oversight Office (IOO¡¯s) responses to her request for management evaluation. Whether the contested decision is lawful Whether the Applicant is eligible to receive a termination indemnity In the present case, the Applicant joined WMO on 1 July 1999. Her normal retirement age is thus 62 pursuant to art. 1 of the UNJSPF Regulations. When she...

Whether the Applicant was promised a renewal The Applicant appears to argue that the Administration created an expectancy of renewal of his contract by referring to statements, allegedly made by various individuals of the Organization. The individuals concerned dispute the facts as presented by the Applicant and he has not adduced any written evidence regarding a firm commitment to renewal. In this respect, the Tribunal recalls that ¡°[i]n order for a staff member¡¯s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but...

Whether candidates for a Job Opening possess all required criteria is subjected to an assessment entrusted to each hiring manager based on an evaluation of each candidature pursuant to secs. 7.4 and 7.6 of ST/AI/2010/3. Contrary to the Applicant¡¯s allegation, the hiring manager did not use new criteria but provided elements, that were taken into consideration in the assessment process, to come up with a reasoned and objectively justifiable decision aimed to select among a high number of applicants those to be shortlisted. Knowledge of several internal candidates in a D-1 recruitment process...

The contested memorandum is not an administrative decision open to challenge as per the definition adopted by the United Nations Administrative Tribunal and the United Nations Appeals Tribunal. The Applicant failed to identify an administrative decision affecting her terms of employment and the contested memorandum concerns a general delegation of authority. Consequently, the application is rejected as not receivable ratione materiae.

Scope of judicial review The Applicant only challenged the dismissal of his complaint against his FRO and SRO by way of management evaluation. Recalling the general requirement of staff rule 11.2(a), the Tribunal will limit its scope of judicial review to the decision not to investigate the Applicant¡¯s complaint against his FRO and SRO. The Tribunal does not have jurisdiction to consider appeals against the MEU¡¯s responses to the Applicant¡¯s request for management evaluation. Therefore, it will not adjudicate the Applicant¡¯s arguments against the MEU¡¯s responses to his request for management...

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse¡¯s and his father in law¡¯s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

Given that the Tribunal already adjudicated the Applicant¡¯s claim, finding it not receivable ratione personae for lack of standing, the present application is not receivable. The Secretary-General¡¯s response to a request for management evaluation is not an appealable administrative decision.