¹ú²úAV

No new evidence is to be filed by the parties with their closing submission and pursuant to the principle of equality of arms, both parties must have the opportunity to test the evidence on record. Disciplinary proceedings within the Organization do not amount to criminal procedures. Use of video footage from an external entity during the investigation is not illegal as UNHC rules provide that investigators may avail themselves of external supporting evidence. Sick leave requests must be approved by a staff member¡¯s service/Human Resources section or the respective Medical Service. The...

The contested memorandum is not an administrative decision open to challenge as per the definition adopted by the United Nations Administrative Tribunal and the United Nations Appeals Tribunal. The Applicant failed to identify an administrative decision affecting her terms of employment and the contested memorandum concerns a general delegation of authority. Consequently, the application is rejected as not receivable ratione materiae.

Management evaluation not requested within the statutory deadline. Application not receivable ratione materiae.

Management evaluation of the decision concerning Applicant's share of contribution for medical insurance not filed within the statutory deadline. Consequently, this part of the application is not receivable ratione materiae. Application is receivable concerning the decision concerning the Applicant's share of contribution for the United Nations Joint Staff Pension Fund (UNJSPF). Art. 25.b)i) of the UNJSPF Regulations clearly provides that contributions during SLWOP are paid either 1) in full by the staff member, 2) in full by the employing Organization or 3) partly by the staff member and...

ST/AI/400 explicitly applies to the abandonment of post and sets out the process to be followed under such circumstances. The Applicant's case is not one of abandonment of post but one of unauthorized absence under ST/AI/2005/3. The mere submission of a medical certificate in support of an absence does not suffice. Said certificate must be approved by the respective Medical Service. This has not been so in the Applicant's case, whose medical situation will be examined by a Medical Board pursuant to ST/AI/2019/1, and her placement on SLWOP is not a violation of her rights.

UNDT held that the Applicant had no authority to demand a performance guarantee from an NGO Coordinator and that the Applicant¡¯s intention was not to keep a performance guarantee, but rather to obtain a bribe from the NGO Coordinator. UNDT held that it was not convinced of the probative value of the alleged handwritten note which the Applicant claimed was evidence of his intention to request a performance guarantee. On the issue of the Applicant returning the alleged performance guarantee, UNDT held that the real intention of the Applicant and the Senior Programme Assistant was to avoid the...