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Article 27

  • Article 10
  • Article 10.1
  • Article 10.5(b)
  • Article 11
  • Article 11.2
  • Article 11.2(a)
  • Article 11.2(c)
  • Article 12
  • Article 12.1
  • Article 13
  • Article 13.1
  • Article 13.2
  • Article 13.3
  • Article 13.4
  • Article 14
  • Article 14.1
  • Article 14.4
  • Article 15
  • Article 15.1
  • Article 15.13
  • Article 15.2
  • Article 15.3
  • Article 15.4
  • Article 15.5
  • Article 15.6
  • Article 15.7
  • Article 16
  • Article 16.1
  • Article 16.2
  • Article 16.3
  • Article 16.6
  • Article 17
  • Article 17.1
  • Article 17.2
  • Article 17.3
  • Article 17.5
  • Article 17.6
  • Article 17.6
  • Article 18
  • Article 18.1
  • Article 18.2
  • Article 18.3
  • Article 18.4
  • Article 18.5
  • Article 19
  • Article 19.1
  • Article 2
  • Article 2.1(a)
  • Article 20
  • Article 22
  • Article 24
  • Article 24.1
  • Article 24.2
  • Article 24.3
  • Article 25
  • Article 26
  • Article 26.2
  • Article 27
  • Article 27.1
  • Article 27.2
  • Article 27.2(c)
  • Article 28
  • Article 28.2
  • Article 29
  • Article 29.1
  • Article 29.2
  • Article 30
  • Article 31
  • Article 31.1
  • Article 32
  • Article 32.2
  • Article 34
  • Article 34(a)
  • Article 34(b)
  • Article 35
  • Article 36
  • Article 36.1
  • Article 4.7
  • Article 5.2
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.1(b)
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 7.6
  • Article 7(a)
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(c)
  • Article 8.2(e)
  • Article 8.2(g)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 8(d)(i)
  • Article 9
    • Showing 1 - 8 of 8

    UNDT/2022/074, Duparc

    Due process Fact-finding investigation Scope of investigation Investigation

    There are incidents on which the Applicant had no direct knowledge. Consequently, he has no standing in filing a complaint of prohibited conduct in relation to them.

    It was inappropriate for the Director, DA, UNOG, to play an instrumental role in the constitution of the investigation panel considering that he was the decision-maker in relation to one alleged incident, was a material witness in the investigation and was highly likely to be interviewed by the investigation panel. Several factors cumulatively gave rise to a reasonable perception of a conflict of interest on the part of a panel...

    Full judgment
    Case digest

    2010-UNAT-001, Campos

    Judges Conflict of interest Recusal

    UNAT affirmed the UNDT findings that there was no flaw in the procedure used by the Staff Management Coordinating Committee to select the staff representative on the IJC. UNAT also affirmed the UNDT judgments rejecting the staff member’s allegations of conflict of interest on the part of the UNDT judges. UNAT further rejected the staff member’s request that UNAT judges recuse themselves from the hearing of the appeal, noting the limited role of the IJC in the appointment of the UNAT judges and the lack of any professional relationship between the person appointed as a staff representative and...

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    2020-UNAT-978, Thombiano

    Appointment (type) Continuing appointment Compensation Non-pecuniary (moral) damages

    UNAT rejected the Appellant’s unsubstantiated allegations of bias and conflict of interest against the judge who signed the impugned judgment. UNAT considered that: (1) the Appellant did not provide any evidence of his suitability for conversion to a continuing appointment; (2) his appeal was based solely on the impossibility of the retroactive extension of his fixed-term appointments; and (3) he had been made aware that his fixed-term appointment would be extended pending the appropriate assessment of his performance under the rebuttal process. Accordingly, UNAT held that the UNDT was correct...

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    2021-UNAT-1079, Reilly

    Ethics office Receivability Retaliation Whistleblower Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae)

    UNAT agreed with the UNDT finding that it lacked jurisdiction in respect of the staff member’s application to review the determination of the Second Alternate Chair. UNAT noted that the subject matter jurisdiction of UNDT is limited to the review of administrative decisions. The determinations of the Second Alternate Chair do not constitute administrative decisions, and as such, any application to review them before the UNDT is not receivable. UNAT highlighted that ST/SGB/2017/2/Rev.1 confers on the Ethics Office only the power to recommend, advise and refer, and Section 10.3 of ST/SGB/2017/2/...

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    UNDT/2009/005, Campos

    Judges Conflict of interest

    The Judges of the UNDT and UNAT were not appointed by the IJC whose mandate was to identify suitable candidates for recommendation to the General Assembly. The Judges were elected by the General Assembly on 2 March 2009 and that process involved the participation of nearly 190 Member States of the United Nations. This guaranteed their independence. The Applicant’s averment of lack of impartiality was based on the fact that the Judges of the UNDT and UNAT were selected by the IJC. The Applicant made general accusations of potential bias but did not give any precision on how this bias on the...

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    UNDT/2013/175, Belhachmi

    Judges Conflict of interest Judgment-related matters Correction of Judgment Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae)

    The Applicant’s request for recusal was not receivable and did not warrant a referral to the President of the Tribunal for determination. The Applicant’s claims were all of a substantive nature and would have been more appropriately dealt with by an appellate Tribunal. There was nothing to rectify or correct in the judgment as none of the particulars listed in the application were related to any errors.

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    UNDT/2016/010, Nielsen

    Administrative decision Implied administrative decision Jurisdiction / receivability (UNDT or first instance) Subject matter (ratione materiae)

    Administrative decision: Advice from OAIS about where to submit a complaint that does not fall within the scope of its authority does not produce any direct legal consequences to the legal order and, therefore, does not constitute an administrative decision.In the absence of a specific time limit in the applicable rules and regulations for finalizing PAD rebuttals, a former staff member has no right to compel the Administration to investigate misconduct for a delay in the completion of a PAD rebuttal process; therefore, the absence of a response to such request does not constitute an implied...

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