����AV

The UNDT found that the policy or practice had no legal basis in any of the norms of the Organization and was thus unlawful. The Tribunal ordered the rescission of the policy in relation to the Applicant and moral damages of three months’ net base salary. Enforcement of an unlawful policy or practice: Reports of the Fifth Committee do not carry the same legal force as General Assembly Resolutions. The Secretary-General is also not mandated, in the absence of an express statutory provision, to incorporate into a staff member’s terms of employment any policy or recommendation from a Committee...

The IAMA requires the receiving organization to recognize a staff member’s service in the releasing organization for “credit” purposes. However, it does not require it to consider that the performance of the contract in the releasing organization was undertaken in a setting other than in its original one. It cannot be considered that the Applicant’s contract was, prior to joining the United Nations, either under the control of the Secretary-General of the United Nations or that the Applicant had to previously answer to the United Nations staff rules. Therefore, the Applicant does not meet the...

The Tribunal concluded that the sanction was taken in accordance with the applicable regulations and rules that govern disciplinary matters and that it was in line with sanctions applied in other matters of similar nature. The Applicant’s due process rights were respected throughout the preliminary investigation and the ensuing disciplinary process. The contested decision was both factually and legally reasoned and did not reflect any bias, improper motivates, flawed procedural irregularity or errors of law. The Applicant’s disciplinary liability was correctly determined and the disciplinary...

By deciding not to undertake the written test for the two posts, the Applicant removed the hiring manager’s capacity to effectively compare her skills to that of the other candidates. By not taking the written test the Applicant effectively withdrew from the entire approved selection process and she could no longer enjoy the right of being evaluated appropriately, and against the pre-approved criteria. Consequently, none of the Applicant’s rights were breached during the selection exercise for these posts. The Applicant claims that she should have been selected for either of the two posts even...