UNDT/2013/139, Ortayli
UNDT found that there was no evidence before the Tribunal that would suggest that the Chief, FASB, did not follow any of the applicable rules in denying the Applicant’s request in reliance upon MSD’s recommendation. The fact that the Applicant had not been provided with a reason as to why the treating physicians opinions were not accepted is not at issue in the present case and does not of itself impugn the integrity of the decision. UNFPA’s reliance on MSD’s recommendation was not improper nor was it an impermissible option for the manager to take within the ambit of his responsibilities.The requirement that the Organization’s MSD should be asked whether they support a request for business class travel on medical grounds is eminently reasonable. Any employer is entitled to impose such a requirement subject to ensuring that those responsible in the chain of decision-making act in good faith and with integrity and propriety. There is nothing in the facts of this case to question the decision on the basis of a breach of procedure or to suggest that impermissible considerations contaminated the decision-making process.
The Applicant contested the 9 November 2012 decision by UNFPA to reject her request for an exemption on medical grounds from the Duty Travel Policy which only grants business class air travel for itineraries beyond a duration of nine hours.
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