Ăĺ±±˝űµŘ

Laws of other entities (rules, regulations etc.)

  • AC/UNITAR/2019/05
  • Administrative Rules of UNJSPF
  • DIOS Guide to conducting misconduct investigations
  • ICAO Field Service Staff Rules Part VIII
  • ICAO FSSR Annex VIII
  • ICAO Service Code
  • ICJ Former Staff Regulations, Regulation 11.5
  • ICJ Former Staff Regulations, Regulation 11.7
  • ICJ Statute
  • ICSC RoP
  • ICSC Statute
  • ICTR Code of Professional Conduct for Defence Counsel
  • ICTR Rules of Procedure and Evidence
  • ICTR Statute
  • ICTY Statute
  • ILO Equal Remuneration Convention
  • ILOAT Statute
  • IMO/FMO/65/2003/Section 5.2.8
  • Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations Applying the United Nations Common System of Salaries and Allowances (CEB/2003/HLCM/CM/7)
  • ISA ISBA/ST/AI/2017/3 (Performance Management and Appraisal System)
  • ITC/AI/2015/07
  • ITLOS Administrative Instructions
  • Jordan Field Staff Circular J/17/97
  • La politique de rapatriement du PNUD
  • OAI Guidelines
  • STL Statute
  • The UNDP Repatriation Policy
  • The UNHCR Policy on Special Leave Without Pay (SLWOP)
  • Ăĺ±±˝űµŘWOMEN Financial Regulation and Rules
  • UNDP Agreed Separations
  • UNDP Financial Regulations
  • UNDP Human Resources User Guide on Workplace Harassment and Abuse of Authority (May 2018)
  • UNDP ICT Policy
  • UNDP Legal Framework
  • UNDP OAI Charter
  • UNDP Policy on Family Relationships
  • UNDP Recruitment and Selection Framework
  • UNDP Rules and Procedures for the UNDP Compliance Review
  • UNFPA Charter of Office of Audit and Investigation Services
  • UNFPA Disciplinary Framework
  • UNFPA Financial Regulation 14.8(b)
  • UNFPA Policies and Procedures Manual Secretary
  • UNFPA Procurement Procedure A.4
  • UNFPA Procurement Procedure C.1
  • UNFPA Procurement Procedure C.4.2
  • UNFPA’s Policies and Procedures Manual
  • UNHCR Code of Conduct
  • UNHCR IOM No. 044/2013-FOM 044/2013
  • UNHCR IOM/09/FOM/10/2012
  • UNHCR Procedure on Assignments (UNHCR/HCP/2015/2/Rev.1)
  • UNHCR/AI/2018/18 (Administrative Instruction on Misconduct and the Disciplinary Process)
  • UNHCR/AI/2018/2
  • UNHCR/AI/2019/13 (Administrative Instruction on End User Computing)
  • UNHCR/AI/2020/1/Rev.2 (Administrative Instruction on Recruitment and Assignment of Locally Recruited Staff (“RALS”))
  • UNHCR/AI/2020/1/Rev.2 (Instruction administrative sur le recrutement et l'affectation du personnel recrutĂ© localement (« RALS »))
  • UNHCR/AI/2022/09
  • UNHCR/HCP/2014/12 (UNHCR Policy on Performance Management)
  • UNHCR/HCP/2014/12/Rev. 1, Revised Policy on Performance Management
  • UNHCR/HCP/2014/2 (Policy and Procedures for the Promotion of International Professional Staff Members)
  • UNHCR/HCP/2014/3 (Policy on Resolving Situations of Staff Members in Between Assignments)
  • UNHCR/HCP/2014/4
  • UNHCR/HCP/2014/4 Policy on Discrimination
  • UNHCR/HCP/2015/9, Policy on the Administration of Fixed-Term Appointments
  • UNHCR/HCP/2017/2 (Recruitment and Assigments Policy “RAP”)
  • UNHCR/HCP/2022/07 (Recruitment and Assignments Policy)
  • UNICEF DHR/PROCEDURE/2017/001 (UNICEF Procedure on dependency allowances)
  • UNICEF DHR/PROCEDURE/2017/005
  • UNICEFDHR/Procedure/2017/006
  • UNICRI Statute
  • UNJSPF Rules and Pension Adjustment System of the Fund (JSPB/G.4/Rev.19 of 1 January 2014)
  • UNOPS Executive Office Directive Ref. EOD.ED.2019.02
  • UNOPS Operational Directive OD.PCG.2017.01
  • UNOPS Organizational Directive No. 10 (Policy to address fraud)
  • UNRWA Agency Policy in respect of Staff who are arrested
  • UNRWA DIOS Guide to Conducting Investigations, 2021
  • UNRWA DIOS Technical Instruction on Investigation Policy 01/2021
  • UNRWA General Staff Circular GSC 5/2007
  • UNRWA General Staff Circular No.01/2013
  • UNRWA GSC No.06/2010
  • UNRWA ISC No.1/4/97
  • UNRWA Organization Directive No. 20
  • UNRWA Organization Directive No.1 of 15 July 1987
  • UNU Charter
  • World Health Organization’s Policy and Procedures Concerning Harassment, Sexual Harassment, Discrimination, and Abuse of Authority
  • Showing 1 - 10 of 167

    Considering the lack of any direct evidence before the Tribunal as the alleged victim declined to provide witness testimony, it found that the Respondent had not managed to prove with clear and convincing evidence, or even with the preponderance of evidence, the factual allegations leading to the USG/DMSPC’s conclusion that the Applicant had sexually harassed her. In the same vein, the Respondent also failed to demonstrate that the Applicant created a hostile work environment for her. 

    Whereas the Applicant’s actions and behavior were not up to the standard to be expected of a supervisor...

    The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an UNRWA staff member.  

    Furthermore, the Appeals Tribunal was satisfied that the UNRWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously.  The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four...

    The Appeals Tribunal found, in relation to Mr. Qasem’s exclusion from consideration for the Acting Head position, that the UNRWA DT erred in finding Mr. Qasem’s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem’s application from consideration, this irregularity had no impact on the selection decision.  Considering Mr. Qasem’s performance, administrative and...

    The UNAT considered the central tenet of the staff member’s case, which was that he held the necessary academic qualifications for the role, but that the selected candidate did not.  The UNAT concluded that the educational specifications in the job vacancy announcement were a minimum threshold, but not the determining factor in the selection.  The UNAT held that both the staff member and the selected candidate met the threshold academic qualifications, even though they obtained them by different means.  The UNAT rejected the claim that the ITLOS should not have taken into account that the...

    The UNAT noted that the staff member’s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the UNAT found that the UNDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent’s fees.

    The UNAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

    Receivability

    The Tribunal found that to the extent the Applicant challenged the legal framework of UNHCR, and requested the removal of a part of para. 34 of the Recruitment and Assignments Policy, her application was not receivable ratione materiae. The application was only receivable concerning the decision not to select the Applicant for the G-7 position of Senior Resource Management Associate, Addressing SEA and SH.

    Merits

    Whether the applicable procedures were properly followed

    First, the Tribunal addressed the Applicant’s argument concerning the alleged forgery of the document...

    The UNAT noted that the UNRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the UNRWA DT with no medical information about AAW's condition at the time of the burglary.

    The UNAT found that the Commissioner-General had clearly and manifestly abused the...

    UNDT/2024/034, IK

    This case revealed overt sexual harassment where both words and physical touching were used and attempted to extract sexual favour, but even though no such favour was extracted, the harassment caused harm to the victim who was put in fear of loss of her position in the Organization and caused unnecessary tension in the staff relations between the persons involved.

    In this case both words and acts were used together during a short period of persistence. When this happens in a work setting it can cause serious emotional stress and hurt. Based on the evidence this is what occurred in this case.

    ...

    Under “Preliminary Issues”, the Tribunal decided to strike from the record the Applicant’s motion for anonymity and to exceptionally accept the Applicant’s closing submission which exceeded the page limit.

    Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

    The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

    The Tribunal found unsubstantiated the alleged procecural and substantive irregularities in the lateral transfer of the Applicant to the position of CEO of GPH. The Applicant was well aware of both his lateral transfer and the business model of UNITAR, which is dependent on external funding. Also, the Applicant's letter of appointment clearly stated that his appointment was limited to availability of funds.

    Moreover, the Applicant argued that, instead of being placed on SWLOP until the end of his temporary appointment, his contract should have been terminated, pursuant to para. 9(c) of AC...