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The required facts for a finding of sexual exploitation were not proven clearly, or at all, such that a decision to impose the sanction of separation could have been justified. There was also a failure to consider relevant evidence as to a prior courtship relationship between the parties that if considered would have shed further doubt on whether the Complainant was exploited. There was no factual basis for the investigators and the Respondent to have found that there was a relationship of trust that could have been abused. The Complainant was not a beneficiary of assistance from the United...

Receivability The Tribunal considered that the Applicant was not challenging individual non-selection decisions directly but rather challenged the Administration¡¯s alleged failure to give her priority consideration for vacant posts before terminating her fixed-term appointment, which is required under staff rule 9.6(e) (see Timothy). Therefore, the Tribunal found the application receivable and examined the merits of the case. Restructuring process At the time of the contested decision, the Applicant worked as Humanitarian Affairs Officer (HAO) at the P-4 level. The Tribunal noted that, in OCHA...

The Applicant remains on special leave with full pay at the time of the judgment. The decision to terminate his appointment remains suspended and has no impact on his terms of appointment, the application is therefore not receivable ratione materiae.

The Administration is bound to comply with its applicable legal framework promulgated in accordance with the mandate of the General Assembly, regardless of the impact of its implementation on staff members¡¯ benefits and entitlement. Any changes to the benefits and entitlements scheme could have different impact to staff members, and it is not the role of the Administration to consider such impact. The Administration is bound by its own regulations, rules and administrative issuances, and there is no requirement to harmonize the application of the rules among different United Nations entities...

Fixed-term post The record showed that the hiring manager for the fixed-term post found the Applicant not eligible as he did not meet one of the required criteria for it, namely ¡°[p]ractical experience in working in the area of sustainability standards¡±. Consequently, he was not invited to participate in the subsequent steps of the selection process. The Applicant¡¯s lack of experience in sustainably standards was properly recorded in the respective electronic selection system and, moreover, was communicated to the Applicant by email of 16 July 2018 in response to his query about the status of...

Whether the non-renewal decision is supported by the facts Although, as the Applicant¡¯s advanced, there was no documentary evidence explicitly showing that funding for the Pacific Project was to end in June 2017, other than the Respondent¡¯s assertion that the Pacific Project received no funding beyond 30 June 2017, the Tribunal found that there were enough elements that taken together supported the budgetary reason behind the non-renewal of the Applicant¡¯s appointment. The Tribunal noted, inter alia, that the Applicant and other ITC Officials were fully aware in February 2017 that the Donor...

The Tribunal found that the Applicant¡¯s right to a full and fair consideration of his candidature was not violated. It was thus held that the Applicant¡¯s allegation that the selection process was tainted by extraneous considerations, ill-motive and bias not borne out in evidence. Accordingly, the application was dismissed.

The challenge to the contested decision is receivable. The cancellation of JO for the Post was not one of a series of preliminary steps leading to the final administrative decision. Rather, the Administration decided to abolish and reclassify the Post and therefore cancelled the JO in question. Therefore, this was a final administrative decision with regard to the Post and therefore can be reviewed by the Tribunal. The Applicant alleges that a restructuring exercise is a pretext for the cancellation of JO and it was a continued retaliatory act against her, but there is no evidence to conclude...

The management evaluation rescinds the 25 September 2019 decision not to investigate the Applicant¡¯s complaint of abuse of authority. Therefore, in application of Crotty, the Applicant¡¯s request for an order directing Ä¢¹½ÊÓƵICEF to comply with its obligations with respect to the complaint is not receivable. The Tribunal notes that as the 25 September 2019 decision was rescinded, further actions or inactions taken following the 7 November 2019 decision constitute fresh administrative decisions, actual or implied. Therefore, in application of art. 8.1(c) of the Tribunal¡¯s Statute, the Applicant must...

Comments and communications of staff representatives do not have a direct impact on the terms of appointment or contract of employment of an individual staff member. There is no right in the Applicant¡¯s terms of appointment for him to not be subject to comments from staff representatives. There is also no right in the Applicant¡¯s terms of appointment for him to compel the Administration to issue communications in this regard. The Applicant did not submit a request for management evaluation of the decisions or implied decisions identified in the application within the statutory 60-day deadline