¹ú²úAV

The UNDT found that the contested decisions were lawful and that there was no evidence to support the claim that these decisions were motivated by ill will. The Tribunal also expressed its concern at the huge volume of unnecessary as well as irrelevant material that had been filed by the Applicant thereby imposing an onerous burden on the Tribunal at the expense of other cases awaiting a judicial determination.

The Tribunal noted an indication of favouritism towards a particular candidate and a desire to appease the staff council neither of which are consistent with the standard of conduct...

The Tribunal found that: 1) The DG failed in her legal obligation to review and promptly appoint an investigation panel into the Applicant’s complaint of prohibited conduct and that the delay was unlawful and resulted in serious consequences for the Applicant. 2) The instigation by DSS UNON of the detention and charging of the Applicant by the Kenya Police without a waiver of immunity by the Secretary-General was unlawful. 3) DSS UNON acted covertly without the knowledge of the Director-General or the United Nations Headquarters in its dealings with the Kenya Police on 21 August. This...

With respect to the issue of classification of the Applicants’ post at the S-3 level, the UNDT found that the Applicants’ claims regarding the Administration’s decision not to proceed with their classification request were receivable. However, based on the evidence in this case—including oral testimony as well as contemporaneous documents—the Applicants did not perform the same exact functions as their S-3 level colleagues. Accordingly, the UNDT found that the Administration’s decision not to proceed with the classification or reclassification of the Applicants’ posts at the S-3 level was...

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. The Tribunal was of the view that it behoves the Applicant to submit to a classification review of her post in accordance with the relevant Staff Regulations and Rules. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career...

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

The UNDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

The Applicant contended, inter alia, that WFP breached her due process rights during the disciplinary proceedings and she did not breach any of the applicable rules. The evidence before the Tribunal sustained the Applicant’s contention that WFP’s investigators did not respect her due process rights. The ground of appeal related to the irregularity of the disciplinary proceeding is accepted and the Tribunal does not need to analyse the rest of the Applicant’s contentions. The rescission of the contested decision is, per se, a fair and sufficient remedy for the moral prejudice caused to the...

The Applicant requests the Tribunal to find that his due process rights were breached, that a copy of the report from the Investigation Panel be produced to him. There is no evidence that the Investigation Panel did not follow the applicable procedures or that his due process rights were not respected. It is within the Secretary-General’s discretion as to whether or not initiate action against a staff member. The case is dismissed.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

Receivability - Mr. Wallace as a Legal Officer in MEU had the requisite delegated authority to make an exception to the Staff Rules in suspending the time limits for the Applicant to request for management evaluation as he did in the present case. The Applicant’s case was therefore held in abeyance until 30 March 2011. The Applicant, as a result, had until 30 June 2011 to file her Application which she did on 6 June 2011. Full and fair consideration - All the candidates that appear before an interview panel have the right to full and fair consideration. A candidate challenging the denial of a...