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Whether the Applicant is entitled to maternity leave under staff rule 6.3(a)

While the Staff Regulations and Rules of the United Nations is not a treaty, art. 31.1 of the VCLT sets forth generally accepted rules for interpreting an international document, which refers to interpretation according to the “ordinary meaning” of the terms “in their context and in the light of its object and purpose” (see, e.g., UN Administrative Tribunal Judgment No. 942, Merani (1999), para. VII; Avognon et al. UNDT/2020/151, para. 50; Andreeva et al. UNDT/2020/122, para. 64; Applicant UNDT/2021/165, para. 37).

The Tribunal held that the Applicants had produced no evidence to support the premise that heterosexual couples would be awarded more days of leave than same-sex couples. The Tribunal, therefore, concluded that the claim of unequal treatment had not been proven by the Applicants. Accordingly, the application was denied.

Whether the contested decision is lawful

Whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements

The Organization’s duty of care towards staff during the COVID-19 pandemic

Since March 2020, when WHO declared COVID-19 as a global pandemic, the Organization has ensured that all necessary measures are in place to support the safety and health of all UN personnel when carrying out the functions and responsibilities entrusted to them.

The nature of the Applicant’s functions may require her on-site presence, as evidenced by...