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The Applicant¡¯s supervisor did not participate in the selection process for the four Representative positions in Uzbekistan, Ukraine, Bolivia and Nigeria, and for the position of Chief Gender and Human Rights. The Applicant¡¯s Supervisor¡¯s participation in the selection process for the Palestine position did not affect the integrity of the selection process. The Applicant was given full and fair consideration. The fact that the Rotation exercise and selection decisions for the positions in Uzbekistan, Ukraine, Nigeria and Palestine and the relevant Ethics Units determination and recommendation...

Not only is it the duty of every member of the United Nations personnel to cooperate with the Internal Justice System, but also it is particularly important for senior leaders of the Organization to lead by example. There is no evidence that a selection decision had been made in the first selection exercise before it was cancelled. The cancellation was based on facts supported by evidence and, therefore, it was lawful. The Applicant¡¯s allegations of ulterior motive have no bearing on the decision to cancel the first selection process because the reasons given were lawful. The Applicant¡¯s claim...

Staff rule 4.9(a) provides that inter-organization movements shall be governed by an inter-organization agreement, and Ä¢¹½ÊÓƵ Women agreed to release the Applicant on secondment in accordance with the Inter-Organization Agreement. Therefore, the terms and conditions of the Inter-Organization Agreement apply in this case. Under the Inter-Organization Agreement, the Applicant had the rights of employment upon her return from secondment, which means that she had the right and the obligation to resume work at Ä¢¹½ÊÓƵ Women upon return from her secondment. Such rights were not respected when she was forced...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...

The Tribunal concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. The mere fact that the Applicant had knowingly submitted unauthentic invoices and receipts to Cigna, that action consitituted a violation of staff regulation 1.2(b) and amounted to misconduct. The sanction letter dated 8 March 2019 demonstrated that the Administration had undertaken a proper consideration of the nature of the Applicant¡¯s actions as well as the mitigating and aggravating factors of the case. Accordingly, the disciplinary measure of...

The Tribunal found that that there was clear and convincing evidence that the Applicant committed the misconduct complained of, and that the established facts qualified as misconduct under the Staff Regulations and Rules, further that the sanction was proportionate to the offence and was therefore lawful. The Tribunal also found that there were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant. The degree of sensitivity of the alleged misconduct did not constitute an exceptional circumstance warranting...

Ä¢¹½ÊÓƵDT found that at the earliest, the deadline to request management evaluation started to run on 22 August 2019 and expired on 21 October 2019. Ä¢¹½ÊÓƵDT held that the Applicant¡¯s 18 October 2019 request for management evaluation was timely and that her application was receivable. Ä¢¹½ÊÓƵDT further held that the decision to pay the Applicant¡¯s repatriation grant at the single rate was in accordance with the Ä¢¹½ÊÓƵDP Policy as well as Annex IV to the Staff Regulations and Rules of the United Nations and was lawful. Ä¢¹½ÊÓƵDT rejected the application in its entirety.

Whether the Applicant¡¯s performance was managed or evaluated in a fair and objective manner The Tribunal notes that the Applicant has adduced evidence of possible bias and lack of objectivity in the evaluation of his performance by the FRO and the SRO¡­ Even assuming that the FRO and the SRO evaluated the Applicant¡¯s performance in a fair and an objective manner, they certainly failed to ¡°proactively assist¡± the Applicant to remedy his performance shortcomings in accordance with section 10.1 of ST/AI/2010/5. Moreover, the undisputed interpersonal issues between the Applicant and his FRO have...

Ä¢¹½ÊÓƵDT found that the Applicant did not contest the non-renewal of her fixed-term appointment, and held that the application was admissible as the Applicant properly requested management evaluation of the decision related to her non-selection. Ä¢¹½ÊÓƵDT noted that the recruitment process was conducted in accordance with the Ä¢¹½ÊÓƵDP¡¯s Recruitment and Selection Policy. Ä¢¹½ÊÓƵDT held that the Applicant was given full consideration in the selection process, and that her experience in the United Nations as well as her status as a staff member of the RCO in Turkey was properly recorded in the corporate panel...

Ä¢¹½ÊÓƵDT denied the Applicant¡¯s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. Ä¢¹½ÊÓƵDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for Ä¢¹½ÊÓƵDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. Ä¢¹½ÊÓƵDT held that the most appropriate remedy for the Applicant would be rescission...