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Whether the application is receivable The Tribunal considers that the issues concerning the eligibility of SPA and the timeliness of its request are questions for the merits and have no bearing on receivability. Thus, the core receivability issue before the Tribunal is whether the contested decision falls within the scope of art. 2.1(a) of its Statute. The Tribunal is of the view that the contested decision fulfils the test of Andronov. It has been “shown to adversely affect the rights or expectations of the staff member” (see Michaud 2017-UNAT-761, para. 50), and thus has a direct legal...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...

It is clear from ST/AI/1999/9 and the 11 February 2019 interoffice memorandum: (a) that sending a note to the Executive Office of the Secretary-General when selecting a male candidate instead of a suitable female colleague is a mandatory requirement as the verb “shall” is used (b) that for “review and discussion”, the relevant note to the Executive Office of the Secretary-General is to be submitted before—and not after—any selection decision is taken and (c) that in this note, the hiring entity is to explain and document why the “recommended” male candidate is “clearly superior” to any...

Even though the relevant legal framework provides no guidance on the procedure to be followed for a transfer decision, the general principle of good faith and fair dealings dictates that a staff member should typically—and at a minimum—be consulted about such transfer before the final decision is made and priorly be provided with a genuine opportunity to comment thereon --As a matter of good faith and fair dealings, an administrative decision that significantly alters the terms and conditions of a staff member’s employment should be notified to this person in a formal written decision --It is...