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The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member’s appointment if it had been disclosed to the Organization during the recruitment process.

In the instant case, the Tribunal...

The Tribunal found that the Respondent had provided no rule or precedent based contextual explanation to support his position. The Tribunal, therefore, concluded that the Respondent had not provided any rational explanation for depriving the Applicant of the entitlements to increments afforded under GS Salary Scale 120b to those similarly circumstanced. Accordingly, the Tribunal:

a. Decided to rescind the contested decision;

b. Directed that the Applicant be recognised as having been in continuous service with the United Nations Secretariat from 3 May 1994 and, effective 22 February 2022...

The Tribunal observed that the letter communicating the contested decision did not indicate whether the Advisory Body on Compensation Claims ("ABCC") considered the exceptional circumstances set out by the Applicant in her request to reopen her claim, which explained the reasons for her not meeting the submission deadline.

The Tribunal, thus, held that the Applicant had succeeded in establishing that the decision not to reopen her claim was irrational. The Tribunal deemed the contested decision as irrational because ABCC ignored factors relevant to whether despite not meeting the four-month...

The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

In view of the foregoing, the Tribunal:

a.     Granted the application and rescinded the contested decision;

b.     Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

c.     Directed the Respondent to pay to the Applicant for the delayed payment of said...

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 UNAT considered an appeal by the staff member.

The UNAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The UNAT was of the view that, as the UNDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The UNAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

The Tribunal found no merit in the application. In particular, the Tribunal found no grounds for the Applicants’ claim that the contested decisions were unlawful or that they were subject to gender discrimination. The Tribunal found that neither Applicant qualified for sec. 6.3(a)(i) parental leave by operation of sec. 1.2 of ST/AI/2023/2, which set a cutoff date of 1 January 2023, nor did they qualify for the 10 weeks special leave under the transitional measures since they did not give birth and were not on maternity leave on 1 January 2023. The Tribunal found that since the Applicants did...

The Tribunal found that the decision to place the Applicant on ALWP was lawful, reasonable and proportionate, and that the SRSG reasonably exercised his authority to protect the work of the fact-finding panel (pursuant to sec. 11.3(b) of ST/AI/2017/1) and to avoid any prejudice to the interests and reputation of the Organization (pursuant to sec. 11.3(c) of ST/AI/2017/1). The Applicant failed to discharge the burden of establishing that the contested decision was arbitrary or capricious, motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or error of...

The Applicant was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the UNDT. He did not. 

The Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner.

The Tribunal also considered the merits of the Applicant’s submissions in respect of the propriety of the impugned decision. The Applicant incurred expenses that were clearly communicated to him as unauthorised prior to his travel. There is nothing on the record to show that the decision was tainted, improperly made or otherwise unlawful. In other words, even if the application had been found to be receivable, it would...