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The UNDT noted that in her 2011 and 2012 ePAD (performance document), the Applicant had received positive ratings, and that the 2013 ePAD was never finalized. The applicable performance management system (PAMS) requires the finalization of the ePAD in case of non-renewal of appointment for reasons related to performance. Accordingly, since UNHCR had failed to follow its rules with respect to performance evaluation and performance management, including mediation protocols, and, furthermore, the “alternative” process followed by UNHCR did not provide an equivalent standard of safeguards...

Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.

The UNDT found that there was change of official duty station and that, as a result, the application of Entebbe’s post adjustment rate and payment of DSA for only 30 days were lawful. The Tribunal also dismissed all the other Applicant’s contentions. As a preliminary matter, the Tribunal examined the receivability of the application given that the parties disagreed on the date on which the Applicant ought to have known of the decision. The Tribunal found that the application was receivable. Receivability – Notification of an administrative decision: The Administration is obliged to communicate...

The Tribunal granted the application in part and awarded the Applicant USD18,000 in moral damages: USD3,000 for each of the six RC position for which she applied in her August and November 2013 job applications (the appeal against other non-selection decisions was not found receivable as it had been made out of time). When assessing the Applicant’s relevant applications, it was unlawful for the EG to not nominate the Applicant as this decision was based on her 2012 performance appraisal report, which, at the given time, was still under rebuttal, and not on the last three performance appraisal...

The Tribunal found that the case was one of termination of mandate, rather than of abolition of post under the relevant rules; hence, the decision to terminate the Applicant’s permanent appointment was illegal. It further decided that even if one were to follow the Respondent’s argument that it was post abolition, such abolition needed the approval of the Board of UNICRI which had not been obtained. Finally, following the argument that it was post abolition, the Tribunal noted that the Administration clearly failed to comply with its obligation to make reasonable and good faith efforts under...

Compensation for moral injury - A staff member whose fundamental or other rights are infringed upon by the agents of the Respondent is entitled to have an effective remedy granted by this Tribunal. The Administration’s duty to respect fundamental human rights - What happened to the Applicant in the process of her forced eviction by the agents of UNMISS in the morning of 11 November 2011 constituted not only human rights violations but also criminal and civil wrongs. The forceful and unlawful eviction additionally violated Article17 of the International Covenant on Civil and Political Rights...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant’s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant’s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”), a formal complaint has to be addressed in writing to OAIS...