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The ASG/OIOS was appointed as OiC by the previous USG/OIOS pending the appointment of a new head of entity. The mere fact that the new USG/OIOS began her term does not make subdelegations by the predecessor invalid and there is no allegation or evidence that subdelegations to the ASG/OIOS as OiC/OIOS were withdrawn or modified by the new USG/OIOS. Rather, in the contested decision, the ASG/OIOS used his title as OiC/OIOS. Therefore, the Tribunal finds that the contested decision was made by the authorized responsible official. While the OiC/OIOS¡¯s decision does not refer to the specific...

UNDT found the application materially receivable as it concerned a decision that was appropriately the subject of judicial review. UNDT found that the decision to reassign the Applicant rather than place her on administrative leave, was taken balancing her best interest with those of the Organization. These reasons were supported by evidence. The Tribunal further held that the Applicant failed to meet her burden of proving any improper motive, irregularity or unlawfulness on the part of the Respondent in the decision to re-assign her duties. UNDT therefore held that the presumption of...

Regarding the removal of the hiring manager from the interview panel, despite an alleged procedural irregularity, the Applicant successfully passed a competency-based interview and was recommended for the Post. Therefore, the Tribunal finds that the Applicant failed to show that the removal of the hiring manager from the interview panel affected her right to full and fair consideration. Regarding the failure to consult with the hiring manager in making the selection decision, the Applicant fails to explain how the failure to consult with the hiring manager adversely affected her right to full...

Receivability As it was not until January 2019 that the Applicant requested management evaluation of the 2017 decision to transfer her to a new position, the requirements for receivability of this aspect of her application were not met. Her request for management evaluation was too late. There is logic to the Applicant¡¯s explanation, that it was not until the time of the subsequent non-renewal decision that she realised the extent to which the prior transfer had left her vulnerable to termination. However, that of itself does not justify that the strict provisions as to timelines are not...

Regarding the Respondent¡¯s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...

The Applicant¡¯s challenge against her first reporting officer¡¯s refusal to amend her ePAS was found to be an administrative decision because the contradictions between some of the ratings and comments in the e-PAS were of such gravity that the decision would have merited rescission under Handy (UNDT/2020/030 and 2020-UNAT-1044). However, this claim failed for the lack of a timely management evaluation request. The Applicant¡¯s challenge against the non-renewal of her fixed-term appointment was found receivable. The Applicant¡¯s performance evaluation for 2016-2017 had an adverse effect on her...

While DD refused to give testimony to the Tribunal, and not being a United Nations staff member is not obliged to do so, this does not by itself render his interview statement inadmissible or otherwise invalid.; The Tribunal notes that the crux of the present case is whether the comments and proposals of the Applicant were of inappropriate sexual nature, or if instead, they simply concerned the security and safety of the premises or otherwise were nothing but jokes and lighthearted remarks.; As the Tribunal rejected all the Applicant¡¯s submissions regarding the facts not having been...

The Applicant was separated from service for submitting false information in three claims for dental treatment to the Medical Insurance Plan provider, Cigna, for reimbursement. The Applicant¡¯s due process rights were respected because during the investigation he was properly informed of the subject and purpose of the interview and afforded sufficient notice. He also had no objections as to the conduct of the interview when asked at the end of his interview. With respect to the claim that the Applicant insisted was, in fact, genuine, the Tribunal concluded that the allegation had not been...

The Applicant¡¯s supervisor did not participate in the selection process for the four Representative positions in Uzbekistan, Ukraine, Bolivia and Nigeria, and for the position of Chief Gender and Human Rights. The Applicant¡¯s Supervisor¡¯s participation in the selection process for the Palestine position did not affect the integrity of the selection process. The Applicant was given full and fair consideration. The fact that the Rotation exercise and selection decisions for the positions in Uzbekistan, Ukraine, Nigeria and Palestine and the relevant Ethics Units determination and recommendation...

The Tribunal cannot review the merits of the Applicant¡¯s allegations of harassment or abuse of authority. Its jurisdiction is limited to the review of whether her resignation was caused by an action or inaction of Administration which was in violation of the applicable legal framework. The Applicant¡¯s resignation was not caused by an action or inaction of the Administration but was her unilateral decision. Accordingly, this aspect of the application does not concern an administrative decision capable of judicial review and is not receivable. ; Given that the Tribunal found that the Applicant¡¯s...