����AV

Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, UNDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.

The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.

In...

The Tribunal found no merit in the application. In particular, the Tribunal found no grounds for the Applicants’ claim that the contested decisions were unlawful or that they were subject to gender discrimination. The Tribunal found that neither Applicant qualified for sec. 6.3(a)(i) parental leave by operation of sec. 1.2 of ST/AI/2023/2, which set a cutoff date of 1 January 2023, nor did they qualify for the 10 weeks special leave under the transitional measures since they did not give birth and were not on maternity leave on 1 January 2023. The Tribunal found that since the Applicants did...

The Tribunal found that the decision to place the Applicant on ALWP was lawful, reasonable and proportionate, and that the SRSG reasonably exercised his authority to protect the work of the fact-finding panel (pursuant to sec. 11.3(b) of ST/AI/2017/1) and to avoid any prejudice to the interests and reputation of the Organization (pursuant to sec. 11.3(c) of ST/AI/2017/1). The Applicant failed to discharge the burden of establishing that the contested decision was arbitrary or capricious, motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or error of...

The Tribunal DECIDES to dismiss the application in its entirety.

ST/AI/2020/5 only applies to selection decision where the selection decision is made from either (a) “a list of candidates” that was “endorsed by a central review body” or (b) a competitive examination roster. None of these situations apply in this case. It is unchallenged that the contested selection decision was governed by ST/AI/2010/3/Rev.1 (Staff selection system), which in sec. 3.1 provides that “[t]he process leading to selection and appointment to the D-2 level shall be governed by the provisions of the present administrative instruction”. As per sec. 7.7 of ST/AI/2010/3/Rev.1, for a...

Considering the above jurisprudence, the Tribunal determines that the Applicant must demonstrate: (a) that the contested decisions were specifically addressed to him on an individualized basis and that they were not of general application to other staff members, and (b) that it was the Administration which took the decisions and not some other entity or person outside the United Nations.  

The provisions of ST/SGB/2019/8, on which the Applicant seeks to base his claim are only enforceable against persons, and not governments. The Tribunal therefore has no jurisdiction to adjudicate complaints...

At the outset, the Appeals Tribunal noted that Ms. Monasebian had provided little or no reason in support of her request for the anonymization of the Judgment other than a general statement that the information in her case was sensitive. The Appeals Tribunal took the view that anonymization was not warranted in this case and dismissed her request.

The Appeals Tribunal was satisfied that the UNDT did not err in finding that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work...

The Appeals Tribunal found that Mr. Hampstead had not established that the UNDT made any errors under Article 2(1) of the Appeals Tribunal Statute.   

The UNDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead’s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years. The UNDT also correctly held that the Administration had followed...

The Appeals Tribunal found that the paucity of positive comments, compared with the overwhelmingly negative comments rendered Ms. Haydar’s performance evaluation an “administrative decision” with a direct adverse impact on her employment. The Appeals Tribunal thus found that the UNDT did not err in finding her application receivable.  

Turning to the merits of the application, the Appeals Tribunal found that by characterizing Ms. Haydar’s performance as “successfully meets performance expectations”, the Administration precluded her from contesting the appraisal through the rebuttal process...