UNFPA Disciplinary Framework

  • 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)
  • 山WOMEN 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 recruté 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 - 3 of 3

    The Appeals Tribunal found that the UNDT erred in law by applying the improper legal framework, the relevant legal framework not being ST/SGB/2008/5, but the UNFPA Disciplinary Framework and the UNFPA Harassment Policy. The UNAT explained that UNFPA, being one of the separately administered funds of the Organization, has its own legal framework and is not regulated by the Secretariat’s general administrative issuances such as ST/SGB/2008/5, unless otherwise stated or unless it has expressly accepted their applicability. The UNAT held that the UNDT erred when it found that Mr. Toson’s request...

    The UNAT held that the Dispute Tribunal correctly reasoned that under the UNFPA Disciplinary Framework, the assessment of the facts of misconduct is not exclusive to OAIS, but that the Director of the Department of Human Resources (Director/DHR) must also analyze the evidence, and such analysis could lead DHR to a different conclusion than that of OAIS. Accordingly, in this case, the UNAT found that the UNFPA Administration had the authority or locus standi to proceed with a disciplinary process even in the absence of a finding of misconduct by OAIS. The UNAT further held that the UNFPA...

    The reason given to the Applicant for the impugned decision, namely, the organizational restructuring at UNFPA, is supported by the facts. Evidence shows that UNFPA suffered the significant financial shortfalls, and UNFPA, facing such a precarious financial situation, undertook the genuine organizational restructuring which resulted in the abolition of the Applicant’s post and the termination of her appointment. While the Applicant claims improper motives, the Tribunal finds that she presented no supporting evidence and thus did not meet the burden of proof in this regard. The Organization’s...