Â鶹APP

Concerning receivability ratione temporis, which the Tribunal examined on its own motion, the Tribunal found that non-compliance with the deadline for technical reasons and supported by evidence falls outside the scope of art. 8.3 of its Statute, which requires a written request for an extension from an Applicant. As such, the Tribunal was satisfied that in this case, the Applicants filed their applications after the set deadline due to reasons outside of their control, which they timely flagged, and found the applications receivable ratione temporis. Concerning receivability ratione materiae...

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...

It resulted from the records that the Applicant only requested management evaluation of the decision concerning her non-selection, while no management evaluation request was filed with respect to the decision to abolish her former post The Tribunal, therefore, found that the claim concerning the abolition of the Applicant¡¯s former post was not receivable and proceeded to only review the non-selection decision. The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these...

The Applicant did not respond to a case management order. She was therefore no longer interested in the pursuit and outcome of the proceedings which were deemed to have been abandoned. The matter was dismissed for want of prosecution.

1)Disciplinary sanction The Applicant failed to disclose that her husband had been employed by UNICEF vendors during the Applicant¡¯s employment with UNICEF and these material facts on which the disciplinary measure was based have been sufficiently established and were not in dispute between the parties. The legal framework is sufficiently clear in determining that a conflict of interest may exist even where there is only the possibility that the staff member or the private business with which he or she may have association could benefit from such association. The Administration properly...

As the parties concur that the correct procedure for the ABCC was not applied and the cases should be remanded to the ABCC for institution or correction of the required procedure, the Tribunal will, by consent, so order. However, since art. 10.4 of the Statute explicitly states that such remand shall be done ¡°prior to a determination of the merits of the case¡±, the Tribunal is not in a position to pronounce on the substance of the cases (at least Case No. UNDT/NY/2018/011, concerning the ABCC¡¯s initial rejection of the compensation claim and not the subsequent rejection by its Secretary), and...

As the matter was settled by mutual agreement, the case is closed.

Preliminary matters Loss of Applicant¡¯s professional emails (potential evidence): One of the Applicant¡¯s main arguments was that allegedly exculpatory evidence in her case (emails from and to the Applicant) had been lost which affected her due process rights, thus rendering the investigation unfair and improper. The Tribunal found that the alleged email evidence was not destroyed wilfully. Rather, it was destroyed as a consequence of the negligence of a number of people. The Tribunal noted that the investigators have a very high duty to locate and preserve evidence. The investigators are also...

Art. 8.1(i) of the UNDT Statute provides that in cases where a management evaluation of the contested decision is required, as in this case, an application shall be receivable if it is filed within the statutory time-limits. A staff member who has received an adverse decision about a claim cannot purport to unilaterally withdraw it and resubmit it with allegedly new evidence to attempt to have a new decision. In this case, there is not even new evidence. There would never be finality or certainty in respect of any decision if this were to be permitted. Such conduct, aimed at resetting the time...

The Tribunal found the application receivable because the Applicant filed a timely request for management evaluation. Additionally, the Tribunal was satisfied with the Applicant¡¯s documentation regarding technical issues with the e-Filing portal that he filed to support his claim of exceptional circumstances for filing his application late. Lastly, to the extent that the resignation of the Applicant was instigated by the Respondent or his agents, the Tribunal found that this was an administrative decision capable of being challenged. The Tribunal found that the Applicant had misrepresented his...