Â鶹APP

Receivability
The Tribunal reviewed the Applicant¡¯s request for management evaluation and found that only the decision not to consider him eligible for a temporary appointment through the Talent Pool, at the P-2 level, was receivable and subject to judicial review. Any other decision to which the Applicant referred in his submissions was consequently not receivable.

Merits
The Tribunal referred to the applicable legal framework as well as to the evidence on record and noted that the practice is to only consider experience at the G-6 level and above (or equivalent experience outside of the UN...

The Tribunal found unsubstantiated the alleged procecural and substantive irregularities in the lateral transfer of the Applicant to the position of CEO of GPH. The Applicant was well aware of both his lateral transfer and the business model of UNITAR, which is dependent on external funding. Also, the Applicant's letter of appointment clearly stated that his appointment was limited to availability of funds.

Moreover, the Applicant argued that, instead of being placed on SWLOP until the end of his temporary appointment, his contract should have been terminated, pursuant to para. 9(c) of AC...

The Tribunal recalled that receivability is a condition sine qua non for judicial review.

The Tribunal noted that by the time the Applicant filed his application, he had not been formally notified of the abolition of his post and the restructuring exercise was still ongoing. Up to the date of the judgment¡¯s issuance, the situation remained the same as showed by a November 2023 email from UNDP to the Applicant asking him to confirm his interest in the position of Programme Assistant at the G-5 level. So far, the Applicant is still serving at the G-6 level in UNDP Pakistan.

The Tribunal...

It was established by the evidence on record that the Applicant engaged in unauthorized contacts with Member States and the EU, media outlets and social media. It was also undisputed that said external communications included allegations that the UN and its officials were involved in serious acts of misconduct and crimes of international law, including complicity in genocide.

What was left to be determined was whether the Applicant had a lawful justification for her conduct under the Protection Against Retaliation (PAR) Policy, and whether said conduct legally amounted to misconduct.

With...

The Tribunal noted that, firstly, the Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the Â鶹APP. Secondly, FAO has not concluded a special agreement with the Secretary-General, under art. 2.5 of the Tribunal¡¯s Statute, to accept the terms of the Tribunal¡¯s jurisdiction.

Consequently, the Tribunal found that it was not competent to examine the present application.

The Tribunal observed that there was no dispute with respect to the material facts of the case. The Applicant was subject to an investigation and disciplinary process while employed at UNOPS, had his appointment terminated for misconduct, and did not disclose this information in his PHP when applying for the position at the UNLB, UNGSC.

The Applicant's attempts to justify his conduct were both illogical and not grounded on evidence.

False claims and misrepresentations of qualifications on PHPs constitute serious misconduct for violating the legal framework. The Applicant's conduct was not an...

The initial decision to deny the Applicant EGT for the 2021-2022 academic year was modified following management evaluation. The Applicant was granted partial EGT for the 2020-2021 and 2021 2022 academic years, which resulted in a pro-rated recovery of the Applicant¡¯s EGT for the 2020-2021 academic year and the granting of half of his EGT for the 2021 2022 academic year.

Pursuant to staff regulation 3.2(a), staff rule 3.9(g), and sec. 9.1 of ST/AI/2018/1/Rev.1, the Applicant is entitled to one round trip for her daughter during each academic year between her educational institution and his...

The Applicant lost a significant portion of his annual leave balance because the Administration used that leave to address the period of unlawful separation. This ongoing injury is of sufficient collateral consequence to preclude mootness despite the partial reversal of the direct effects of the contested decision. Thus, even if the Applicant was reinstated, there remained a live controversy between the parties and as such, the application is not moot.

The contested decision in the case at hand is the non-renewal decision. There is no separate litigation of the decision to charge absence to...

The undisputed facts are unambiguous and leave little room for different interpretations. An apology does not invalidate or undo the misconduct. The fact that the Applicant was not made aware of the negative impact of her practice has no relevance for the factual determination. As such, the Administration has established the facts underlying the disciplinary measure in question by preponderance of evidence.

The Applicant using expletives towards her subordinates and widely addressing her colleagues by nicknames in the workplace were compounded by her ignoring personal and professional...

While regrettably there is neither an eyewitness to the physical assault in question nor any security camera that could have captured the assault on video, the complainant provided, under oath, a detailed and coherent account of the physical assault in question, the circumstances leading to it and its aftermath. His account of the physical assault and subsequent events is corroborated by other witnesses¡¯ testimonies, the documentary evidence and/or the Applicant¡¯s contemporaneous behaviour, i.e., his attempt to bring some soft drinks to the complainant a few hours after the physical assault...