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The Tribunal acknowledges the Applicant¡¯s circumstances and has no intention of jeopardizing his health in any way. At the same time, it considers the Applicant¡¯s active participation in the proceedings essential to ensuring the fair adjudication of his case. The Tribunal concurs with the Respondent¡¯s assertion that ¡°the right to institute and pursue legal proceedings is contingent upon the individual exercising this right having a legitimate interest in initiating and sustaining legal action.¡± The Applicant voluntarily initiated these judicial proceedings and, as such, has a vested interest...

As indicated by the Respondent in his reply, the selected candidate signed the letter of appointment and assumed her functions on 19 June 2024. She further completed the onboarding formalities on 24 June 2024. Consequently, the Tribunal finds that it can no longer entertain the instant application, which was filed on 28 June 2024, thus after the contested decision has been implemented. Granting an injunction would require reversing the onboarding of the selected candidate, which it clearly cannot do.

An application for suspension of action can only be entertained under the jurisdiction of the Dispute Tribunal when the challenged contested decision is the subject of an ongoing management evaluation (see Onana 2010-Ä¢¹½ÊÓƵAT-008, para. 19; Igbinedion 2011-Ä¢¹½ÊÓƵAT-159, para. 20). In the present case, the Applicant¡¯s management evaluation request was no longer pending. The evidence showed that the Deputy High Commissioner completed the management evaluation on 27 June 2024, and that the Applicant received the outcome of his management evaluation request the same day. Consequently, as the management...

Since the management evaluation in this case has been completed, one of the cumulative and mandatory conditions specified in art. 2.2 of the Tribunal¡¯s Statute is not fulfilled. The Tribunal will therefore not examine if the remaining statutory requirements have been met, as the matter now lies moot.

Having reviewed the parties¡¯ submissions and the evidence on record, the Tribunal defined the issues for determination as follows:

a. Whether the Applicant had a realistic chance of being selected; and

b. Whether the Applicant suffered any financial loss due to the contested decision.

Regarding the first issue, the Tribunal noted that the Management Evaluation Unit had already determined that there were irregularities in the selection process and recommended that the selection exercise be redone. The Under Secretary-General for Management Strategy, Policy and Compliance (USG/DMSPC) had also...

The Tribunal defined the overall issues of the present case as follows:

Whether the Applicant wilfully misled the Organization

While there were many factual disagreements between the parties, including with respect to the details of the financial gains and dealings the Applicant was involved with, the Tribunal found that it was not necessary to resolve all those disputes during this exercise of judicial review. The Applicant admitted his extensive financial relationships with Mr. David Kendrick and that he failed to disclose these relationships to the Organization. These admissions were...

Having considered all the submissions and the evidence on record, the Tribunal considered that the main issue for determination was whether the hiring manager conducted a fair and unbiased assessment of the Applicant¡¯s candidacy, giving it full and fair consideration.

The spreadsheet submitted by the Respondent in response to Order No. 57 (GVA/2024) sheds a light into the matter. This contemporaneous document showcases the hiring manager¡¯s thorough assessment of the Applicant¡¯s professional experience.

The Applicant¡¯s submissions concerning his title, long satisfactory service, OiC experience...

The Applicant disputed whether the Office of Internal Audit and Investigations (¡°OIAI¡±) decision not to initiate an investigation into his complaint of alleged harassment and abuse of authority was lawful, reasonable, and fair. He asserted that while work-related matters normally do not constitute prohibited conduct, Ä¢¹½ÊÓƵICEF¡¯s Policy on Prohibited Conduct does not exclude performance-related matters from being considered harassment and abuse of authority.

The issue before the Tribunal was determining whether the Applicant¡¯s contentions fall in the scope of regular disagreements on work...

The primary legal issue before the Tribunal was whether the decision not to select the Applicant for the position of P-4 Reviser (Russian) was lawful in that he was given full and fair consideration for the position.

The Tribunal found that the applicable procedures were properly followed, and that the Applicant¡¯s allegations of procedural irregularities were unsubstantiated.

With respect to full and fair consideration, the Tribunal noted that after reviewing the applications based on the established evaluation criteria, four candidates were deemed not to be suitable and five candidates...

Having examined the evidence on record, the Tribunal identifies the following issues for determination:

Whether the Applicant is entitled to parental leave under staff rule 6.3

The entitlement under new staff rule 6.3 on parental leave is only effective as of 1 January 2023, and its application is subject to the ¡°conditions established by the Secretary-General¡± as per staff rule 6.3(a). These conditions are set out in ST/AI/2023/2.

Section 1.2 of ST/AI/2023/2 provides that said administrative instruction governs the administration of parental leave in respect of a child born or adopted on or...