Â鶹APP

There are two elements that must be established for a claim under Appendix D, one is the medical assessment of whether the claimant suffered from the injury or illness as alleged. The other is the non-medical factual determination whether the illness or injury was attributable to the performance of official duties on behalf of the Organization. The obtaining, handling, review, analysis and dissemination of any form of material to be used in a matter as evidence must be done in compliance with some basic rules to ensure that basic principles of fairness and due process are upheld, particularly...

UNDT noted that the Administration bears the burden of establishing that an alleged misconduct for which a disciplinary measure has been taken against a staff member occurred. When termination is a possible outcome, misconduct must be established by clear and convincing evidence, which means that the truth of the facts asserted is highly probable. Is not the role of the UNDT to conduct a de novo review of the evidence and place itself in the shoes of the decision-maker. The Tribunal was satisfied that the Applicant partook in the misappropriation of the material, which belonged to the...

Absent a prior request for management evaluation, the Tribunal may not consider the merits of the case.

UNDT held that the terms and conditions of the employment contract of a staff member are set forth in the letter of appointment and its express incorporation by reference of the Organization¡¯s Regulations and Rules and all pertinent administrative issuances. The Staff Regulations and Rules embody the conditions of service and the basic rights and duties and obligations of Â鶹APP staff members. A decision relating to learning and development opportunities is an administrative decision subject to judicial review. UNDT held that the standard operating procedure for the UN Leaders...

UNDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. UNDT held that ¡®Priority consideration¡¯ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

The application was withdrawn by the Applicant in light of a settlement agreement.

The application was withdrawn by the Applicant.

Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.

Since the Applicant withdrew her claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.