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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 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 Applicant claims that several events of prohibited conduct occurred between 2018 and 2022 affecting him. However, he did not follow the procedural path under Bulletins ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority) and ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) for the handling of formal reports of prohibited conduct and the Dispute Tribunal does not have jurisdiction to conduct an investigation into such allegations.

There is no evidence that the Applicant ever...

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 Applicant in this case did not requested a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.

The UNAT considered an appeal by Mr. Dorji.

The UNAT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal.  As the UNDT correctly held, Mr. Dorji’s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019.  Mr. Dorji’s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021. 

The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2021...

The UNAT first addressed the staff member’s request for an oral hearing.  The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation.  The UNAT rejected this argument, noting that the appeal was a review of the UNDT judgment based on the evidence presented to the UNDT, and the staff member had not applied to present new evidence.  The UNAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration.  The request for the oral hearing was denied. ...

The Applicant’s request for management evaluation on 15 November 2021 against the ineligibility to the education grant for French nationals residing in neighbouring France and serving in Geneva was time- barred. As such, this aspect of the application is not receivable ratione materiae. Nevertheless, considering the circumstances of the case, the 22 September 2021 Administration’s denial of the Applicant’s 2020/2021 education grant claim constitutes a new administrative decision. As such, the 60-day deadline for requesting management evaluation of this decision started to run from 22 September...

The Applicant essentially contests the Administration’s execution of Judgment Ozturk 2018- UNAT-892, i.e., the Administration’s reimbursement of USD41,173 made on 7 May 2019 for excess salary deducted pursuant to a child support court order.

While the Applicant sought to identify the UNMIK Administration’s email response dated 19 January 2023 as a contested decision, that email merely constitutes a mere reiteration of the Administration’s decision of 7  May 2019, and thus it does not constitute a new administrative decision.

The Applicant first became aware of the contested decision on 7 May...

The UNAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The UNAT found that the UNDT did not commit any errors when it found that the staff member’s application was irreceivable ratione materiae.

The UNAT noted that the UNDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when UNICEF accepted his resignation. His request for management...