The Tribunal held that the application was not receivable because it did not meet the conditions of an appealable administrative decision under art. 2(1)(a) of the Dispute Tribunal’s Statute. Accordingly, the application was rejected.
The contested memorandum is not an administrative decision open to challenge as per the definition adopted by the United Nations Administrative Tribunal and the United Nations Appeals Tribunal. The Applicant failed to identify an administrative decision affecting her terms of employment and the contested memorandum concerns a general delegation of authority. Consequently, the application is rejected as not receivable ratione materiae.
Whether candidates for a Job Opening possess all required criteria is subjected to an assessment entrusted to each hiring manager based on an evaluation of each candidature pursuant to secs. 7.4 and 7.6 of ST/AI/2010/3. Contrary to the Applicant’s allegation, the hiring manager did not use new criteria but provided elements, that were taken into consideration in the assessment process, to come up with a reasoned and objectively justifiable decision aimed to select among a high number of applicants those to be shortlisted. Knowledge of several internal candidates in a D-1 recruitment process...
The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...
The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...
The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...
The Applicant has no right to the Administration’s blanket acceptance of his account of events, nor to the imposition of sanctions against another staff member without due process. The application is therefore not receivable ratione materiae.
The Respondent had no clear and convincing evidence on which to decide on dismissal of the Applicant for violating Ivorian law in 2007 by accepting payment to produce false passports and committing fraud. On a literal interpretation of staff regulation 1.2(b), the Applicant engaged in misconduct. His negative response to the PHP question about prior indictments, fines or imprisonment amounted to an intentional withholding of required information pertinent to the Organization’s background integrity checks. The answer was neither truthful nor honest. The Applicant certified in his PHP that he...
Neither party has—rightly so—disputed the Appeals Tribunal’s findings in Al Shakour that the United Nations Secretary-General was bound by the General Assembly’s endorsement and adoption of the ICSC’s determination regarding post-adjustment for United Nations staff in Geneva. In doing so, the Tribunal further notes that, as relevant to the present case and following Al Shakour, the General Assembly provided no alternatives for the United Nations Secretary-General on how to compute the relevant post-adjustment payment than by following the ICSC’s determination. Accordingly, as relevant to the...
The Applicant cannot claim that the Administration had initiated a disciplinary process against her. The Applicant had no right to force the Administration to complete a disciplinary process against her. The Administration decided to suspend the consideration of initiating a disciplinary process in relation to the Applicant should she be employed with the Organization in the future. Therefore, as in Kennes, the Applicant’s due process rights have not been violated. The note placed in the Applicant's Official Status File is merely informative in nature and does therefore have no impact on the...
