UNDT/2019/004, Younis
UNDT held that the terms and conditions of the employment contract of a staff member are set forth in the letter of appointment and its express incorporation by reference of the Organization’s Regulations and Rules and all pertinent administrative issuances. The Staff Regulations and Rules embody the conditions of service and the basic rights and duties and obligations of United Nations staff members. A decision relating to learning and development opportunities is an administrative decision subject to judicial review. UNDT held that the standard operating procedure for the UN Leaders Programme do not trump the Staff Rules and applicable Secretary-General’s bulletin. Standard operating procedures provide step-by-step instructional guidance on carrying out routine procedures and operations, whereas criteria for eligibility for selection and nomination are ordinarily better served in a higher instrument or document, particularly if they are to be applied strictly as binding. The SOP was not final and binding. UNDT held that in light of the last minute and late notification of refusal by the Office of Human Resources Management, a strong expectation of the training benefit was created for the Applicant and the Adminsitration’s discretion was poorly exercised. Staff members have no contractual right to receive an learning benefit, but are entitled to an expectation that the discretion in selecting candidates will be exercised properly in all circumstances.
The application contests a decision finding the Applicant, after he was initially nominated, ineligible for participation in the United Nations Leaders Programme training in Cape Town, South Africa at the last minute. The Applicant alleges that he was discriminated against as two other staff members in a similar situation were allowed to attend.
Decisions regarding learning opportunities of staff are administrative decisions. Standard Operating Procedures do not trump the internal law of the Organization and are generally not of a binding nature. Staff members have a legitimate expectation in the discretion regarding their learning opportunities being exercised diligently.