51ÁÔÆæ

The procedure for conducting investigations of allegations of harassment and abuse of authority by staff members of UNICEF is set out in Administrative Instruction CF/EXD/2012-007. The Applicant provided no evidence that the CF/EXD/2012-007 procedures were not complied with in relation to his case. The undisputed evidence before the Tribunal was that UNICEF¡¯s independent OIAI discussed the allegations with the Applicant but concluded that it did not merit a comprehensive review and was not a well-founded allegation of prohibited conduct. It proposed alternative recourse, which the Applicant...

The Respondent withdrew from the impugned decision to change the Applicant¡¯s functional title from Team Assistant to Language Assistant. Accordingly, the claim was moot at the time of the filing of the application and therefore not receivable. With respect to the decision to remove the Applicant¡¯s responsibility for the Litani magazine the Tribunal found that this claim was not the subject of management evaluation and therefore not receivability. With respect to the Applicant¡¯s reassignment, the Tribunal noted that the impugned decision entailed a change in the Applicant¡¯s place, her...

The Applicant failed to file a request for management evaluation of the nonrenewal decision within the applicable deadline. This claim was not receivable. The Applicant had in his management evaluation request of 12 July 2015 already accomplished the requirements set out in CF/EXD/2012-007 in relation to his complaints of bullying, harassment, intimidation and abuse of authority against his supervisor and the UNICEF Country Representative. As held in Kadri, the Applicant was entitled to a fair hearing and a fully reasoned judgment of his application. The Applicant¡¯s claims in relation to the...

The Tribunal noted that the jurisdiction of the Tribunal can only be exercised if the contested administrative decision has previously been submitted for management evaluation, where required, and it is not open to the Tribunal to waive this requirement or make any exception to it. As a consequence, in the absence of a management evaluation, the Tribunal rejected the application as not receivable.

The decision to temporarily withhold the Applicant¡¯s final entitlements pending the completion of the investigation by OAI into allegations of fraud, collusion, conflict of interest and misuse of authority was not receivable since it did not constitute an appealable administrative decision within the meaning of article 2.1 (a) of the UNDT Statute. The application was not receivable, ratione materiae, since the contested ¡°decision¡± did not have direct legal consequences for the Applicant. Additionally, the Applicant took the decision to resign, notwithstanding being advised that in doing so a...

In line with the jurisprudence of the Organization, the role of the Tribunal was limited to reviewing whether the candidate received full and fair consideration, the procedures were followed, improper motives were absent and relevant materials had been considered. In this regard, UNAT has held that a candidate alleging a failure to observe his or her right to full and fair consideration for selection must prove through clear and convincing evidence that procedure was violated, the panel was biased, irrelevant material was considered or relevant material ignored. Contrary to the Applicant¡¯s...

The context of the impugned decision was important because it was central to the Applicant¡¯s case that the decision to exclude her from the comparative review exercise which led to her separation, was made in bad faith, and that it stemmed from the conflict surrounding the decision to transfer her from the CAS Office to the Supply Section. The Applicant¡¯s case was that she was unlawfully excluded from the comparative review pool for Warehouse Assistants. The Applicant was transferred to the Supply Section despite her repeated protests and the explanation given was that the move was made to...

The complaint concerning the receivability of the decision not to grant the Applicant a continuing appointment was dismissed on two grounds. It was not receivable because the Applicant did not request management evaluation and secondly, because the Applicant was not in active service throughout the period of consideration as required by the provisions of section 2.6 of ST/AI/2012/3. The Tribunal found that the civilian staffing review conducted by the RSCE, resulting in the reduction of several posts, was conducted for a bona fide reason and its proposals were endorsed by the General Assembly...

As a staff member on an FTA, the Applicant had no right in law to have his contract renewed. The decision to abolish the post encumbered by the Applicant was taken for legitimate business needs in that it was within the discretion of the decision makers within OCHA to conclude that the functions being performed by the Applicant at the time were part of OCHA¡¯s core mandate and that there was not the need to have a dedicated unit to carry them out. Having arrived at this decision and having regard to the need to streamline services and effect the required cost savings it was legitimate for OCHA...

While the Applicant was not required to request management evaluation before filing this application, she was, however, required to file her application with UNDT within; 90 calendar days of receiving the contested decision. The Applicant¡¯s 25 March 2018 motion for waiver failed 51ÁÔÆæ the stringent requirement pronounced by the Appeal¡¯s Tribunal in Thiam because it was not filed prior to the filing of her substantive application but more than five months after the fact. Additionally, the Applicant¡¯s passing mention of receivability in her 17 October 2017 application cannot be...