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The Tribunal held that the decision to create the Deputy Special Representative ("DSR") post did not have any direct adverse consequences for the Applicant, who remained in employment, with the same post and ToRs; in other terms, by the establishment of the DSR post, the Applicant’s role, duties and responsibilities remained unaffected.

The Tribunal held that the Applicant had failed to identify a contestable administrative decision adversely affecting the terms and conditions of her appointment and that therefore her challenge of the DSR post was not receivable ratione materiae.

As to the...

The Tribunal observed that according to the evidence on the record, the Applicant received the contested decision on 28 August 2023. To comply with the 60-day calendar days deadline to request management evaluation, the Applicant ought to have submitted it by 27 October 2023. However, she submitted it on 8 November 2023, nearly two weeks later. Accordingly, the Tribunal found that the request for management evaluation was time-barred and, as a result, that the application was not receivable ratione materiae. The Tribunal dismissed the application.

The UNAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered.  In particular, the UNAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result.  The UNAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches “for several years” and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The UNAT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The UNAT found that the UNDT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.

The UNAT observed, however, that the UNDT had accepted the staff member’s averment...

The Tribunal recalled that it may only review decisions that have been the subject of a timely request for management evaluation.

Considering, inter alia, that the Applicant filed her request for management evaluation after the 60 calendar days’ deadline, and that the Tribunal is not competent to suspend or waive deadlines for management evaluation as per art. 8.3 of its Statute, the Tribunal found that the present application was not receivable ratione materiae. It consequently dismissed the application.

The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant’s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline. 

The UNAT denied the Appellant’s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The UNAT also denied the Appellant’s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The UNAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the UNDT. The UNAT observed that given...

The UNAT held that the UNDT did not err in finding that the facts underlying the written reprimand were established. The UNAT agreed that Ms. Kamara-Joyner’s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for UNOMS and as President of UNPAD. The UNAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The written reprimand

 Factual basis for the imposition of the measure

UNPAD, as an ad hoc special interest group, advocates for issues relating to conditions of work pertaining to staff members of African descent in the United Nations.

UNOMS is established “to make available confidential services of impartial and independent persons to address work-related issues of staff members” (see ST/SGB/2016/7 para 1.1). UNOMS is guided in its work by four core principles, namely independence, confidentiality, neutrality, and informality.

It appeared from the information on record that the Applicant...

The UNAT held that the UNDT correctly found that Ms. Hanjoury was informed on 1 March 2020 that she no longer had FS-5 Administrative Assistant Roster status. This 1 March 2020 email was clear notification of her roster status and the latest date that Ms. Hanjoury knew or reasonably should have known of the challenged decision, based on objective elements that both parties could accurately determine. As a result, Ms. Hanjoury’s request for management evaluation on 6 June 2021 was beyond the 60-day deadline and therefore her application to the UNDT was not receivable ratione materiae. 

The...