Â鶹APP

The charge relating to the unauthorized use of the UNON ID card to gain access to the UN premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse UN privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the UN Commissary. Based on the evidence, the Tribunal found that on the balance of...

Reassignments: Staff regulation 1.2 grants broad discretion to the Secretary-General in making reassignment decisions. However, such discretionary power is not unfettered: it is subject to respect for due process, and the absence of bias, discrimination, arbitrariness, or other extraneous motivations. While section 2.4 ST/AI/2006/3.Rev.1 envisages only lateral transfers to vacant posts, it does not preclude other kinds of transfer to be lawfully made. The decision contested in the present case does not contravene the said section 2.4, but falls beyond this provision¡¯s purview and, therefore...

The Tribunal finds that the decision to summarily dismiss the applicant is not tainted by any irregularity, that the facts are established, that they amount to misconduct and that the sanction of summary dismissal is proportionate to the seriousness of the misconduct. UNDT jurisdiction: The Tribunal has no power to compel a person external to the Organization to appear before it as a witness. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine whether the procedure followed was regular, whether the facts in question are established, whether...

The applicant did not have a legitimate expectancy of renewal. No express promise by the Administration could be found. Had there been one, the letters of appointment signed by the applicant explicitly state that fixed-term appointments do not carry any expectancy of renewal. No promise could override the clear words of the letters of appointment signed subsequently. It cannot be stated that the non-renewal decision was based on improper motives or otherwise constituted an abuse of discretion. The Organization was not bound to give any justification for not extending the applicant¡¯s fixed-term...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The High Commissioner was not bound to follow the APPB recommendations. He was able to legally...

A decision which has not been the subject of a request for a management evaluation cannot be contested before the Tribunal. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances.As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that...