����AV

UNDT found that at the earliest, the deadline to request management evaluation started to run on 22 August 2019 and expired on 21 October 2019. UNDT held that the Applicant’s 18 October 2019 request for management evaluation was timely and that her application was receivable. UNDT further held that the decision to pay the Applicant’s repatriation grant at the single rate was in accordance with the UNDP Policy as well as Annex IV to the Staff Regulations and Rules of the United Nations and was lawful. UNDT rejected the application in its entirety.

Whether the Applicant’s performance was managed or evaluated in a fair and objective manner The Tribunal notes that the Applicant has adduced evidence of possible bias and lack of objectivity in the evaluation of his performance by the FRO and the SRO… Even assuming that the FRO and the SRO evaluated the Applicant’s performance in a fair and an objective manner, they certainly failed to “proactively assist” the Applicant to remedy his performance shortcomings in accordance with section 10.1 of ST/AI/2010/5. Moreover, the undisputed interpersonal issues between the Applicant and his FRO have...

UNDT found that the Applicant did not contest the non-renewal of her fixed-term appointment, and held that the application was admissible as the Applicant properly requested management evaluation of the decision related to her non-selection. UNDT noted that the recruitment process was conducted in accordance with the UNDP’s Recruitment and Selection Policy. UNDT held that the Applicant was given full consideration in the selection process, and that her experience in the United Nations as well as her status as a staff member of the RCO in Turkey was properly recorded in the corporate panel...

UNDT denied the Applicant’s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. UNDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for UNDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. UNDT held that the most appropriate remedy for the Applicant would be rescission...

UNDT preliminarily decided not to admit the Non-Governmental Organization (NGO) Coordinator’s testimony into evidence, holding that it was not required because the case record already contained relevant evidence in relation to the facts in which he had been involved. UNDT held that the evidence showed that neither the Applicant nor the Senior Programme Officer were involved in the implementation of the project. In fact, a Senior Reintegration Officer had overall responsibility for it as he requested an operational advance and, consequently, was personally responsible for the funds. UNDT...

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...

Whether the application is receivable The Tribunal considers that the issues concerning the eligibility of SPA and the timeliness of its request are questions for the merits and have no bearing on receivability. Thus, the core receivability issue before the Tribunal is whether the contested decision falls within the scope of art. 2.1(a) of its Statute. The Tribunal is of the view that the contested decision fulfils the test of Andronov. It has been “shown to adversely affect the rights or expectations of the staff member” (see Michaud 2017-UNAT-761, para. 50), and thus has a direct legal...

The Applicant’s appointment rested with the Human Resources Section and not the DMS, the mere recommendation by the latter of extension of the contract did not constitute a firm commitment for the Organization under the applicable jurisprudence, nor did the extension of his ground pass, which is a mere organizational permission. Therefore, the Tribunal finds that the Applicant did not have a legitimate expectation of renewal of his fixed-term appointment. The Applicant’s post was among those whose unique function was to be abolished in the affected unit and therefore, deemed to be a “dry cut”...

The Applicant has made it clear in his email dated 23 April 2021 that the objective of his filings is solely to protect his staff rights should the Administration fail to finalize his claim under Appendix D. The Tribunal does not see the need to maintain current legal proceedings considering that the Applicant has the right to file an independent application contesting an administrative decision regarding his Appendix D claim under art. 2.1(a) of the Tribunal’s Statute. Judicial remedy is not warranted, at this stage, in the present case. Moreover, as of the date of this Judgment, the...

The Applicant, as the aggrieved individual, was entitled to be informed of the outcome of the investigation and the action taken pursuant to sec. 5.18(c) of ST/SGB/2008/5. Section 5.18(c) of ST/SGB/2008/5 cannot be read as providing a mere right to be informed of the outcome of the investigation and of the action taken, but must be interpreted as providing a right to the aggrieved staff member that a disciplinary process be started unless exceptional circumstances arise. In the present case, the person to be disciplined was no longer a staff member, and the parties disagreed on whether the...