¹ú²úAV

Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, UNDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.

The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.

In...

The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

In view of the foregoing, the Tribunal:

a.     Granted the application and rescinded the contested decision;

b.     Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

c.     Directed the Respondent to pay to the Applicant for the delayed payment of said...

The Tribunal held that the decision to create the Deputy Special Representative ("DSR") post did not have any direct adverse consequences for the Applicant, who remained in employment, with the same post and ToRs; in other terms, by the establishment of the DSR post, the Applicant¡¯s role, duties and responsibilities remained unaffected.

The Tribunal held that the Applicant had failed to identify a contestable administrative decision adversely affecting the terms and conditions of her appointment and that therefore her challenge of the DSR post was not receivable ratione materiae.

As to the...

The application is DISMISSED as not receivable.

[t]he Tribunal DECIDES to: a. Reject the Applicant¡¯s motion requesting to order the Respondent to provide necessary information; b. Find that the application is not receivable and that, even if it were, there is no merit to it, thus it would dismiss it; and Deny the Respondent¡¯s request for an award of costs.

The UNAT considered an appeal by the staff member.

The UNAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The UNAT was of the view that, as the UNDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The UNAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

The Tribunal found no merit in the application. In particular, the Tribunal found no grounds for the Applicants¡¯ claim that the contested decisions were unlawful or that they were subject to gender discrimination. The Tribunal found that neither Applicant qualified for sec. 6.3(a)(i) parental leave by operation of sec. 1.2 of ST/AI/2023/2, which set a cutoff date of 1 January 2023, nor did they qualify for the 10 weeks special leave under the transitional measures since they did not give birth and were not on maternity leave on 1 January 2023. The Tribunal found that since the Applicants did...

The Tribunal found that the decision to place the Applicant on ALWP was lawful, reasonable and proportionate, and that the SRSG reasonably exercised his authority to protect the work of the fact-finding panel (pursuant to sec. 11.3(b) of ST/AI/2017/1) and to avoid any prejudice to the interests and reputation of the Organization (pursuant to sec. 11.3(c) of ST/AI/2017/1). The Applicant failed to discharge the burden of establishing that the contested decision was arbitrary or capricious, motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or error of...

The Applicant was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the UNDT. He did not.