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The record demonstrated that the Applicant refused to complete her supervisees’ performance evaluation and delayed the contract extension process. The Applicant refused to perform key managerial functions.

While it may be true that she was not given an opportunity to explain her actions, the remedies under section 10.1 ST/AI/2010/5 are only aimed at rectifying performance short comings and are not punitive. It was therefore not necessary to conduct some form of investigation in which a staff member would be required to explain her actions. 

While the Applicant had a duty and a right to...

Mr. Pierre filed an appeal.  UNAT found no error in the Dispute Tribunal's conclusion that the application was not receivable.  The contested decision did not have legal consequences adversely affecting the terms and conditions of Mr. Pierre’s appointment and therefore, there was no appealable administrative decision. UNAT was satisfied that the UNDT correctly held that since Mr. Pierre had no expectancy of renewal of his fixed-term appointment, the short-term renewals were considered prima facie in his favour.  UNAT also found that Mr. Pierre had not provided sufficient evidence that the...

The Tribunal held that as clearly confirmed by the Permanent Mission of Denmark, the Applicant is not recognized as female under the Danish Passport Law, which would have been indicated as “F” in the passport. The Tribunal concluded that there was no violation of international standards. As a person non-compliant with their biological sex, the Applicant has the right to an outward expression of gender identity, respect for their identification and should be protected against improper discrimination on this basis. This does not however translate to automatic access to entitlements or policies...

The allegations in the Applicant’s complaint squarely [fell] in the realm of workplace disagreements about the normal exercise of managerial authority. Section 1.1 of ST/SGB/2019/8 states that “[d]isagreement on work performance or on other work-related issues is normally not considered prohibited conduct and is not dealt with under the provisions of the present bulletin but in the context of performance management”. The responsible official’s conclusion that it was unlikely that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case (section 5.5...

UNAT held the UNDT was correct to find the application non-receivable ratione materiae. At the time of the UNDT Judgment, there was no final administrative decision that had direct legal consequences on the Appellant’s terms of employment.  In addition, in the intervening time, the Appellant has been selected for the post, and therefore, he has received that which he had sought originally, making his request for rescission of the contested decision moot. Regarding the request for compensation for the pay differential for 17 months, the Tribunal found because there was no appealable...

UNAT first explained that this is a case where the UNDT should have held a hearing to determine the states of mind of those persons who decided that the Staff Member should not have been placed on the roster.  The Tribunal defined bias as follows: (paras. 29 - 32) "29. Bias is an element of natural justice which examines not only the mind of the decision‑maker subjectively, but the manifestation of the process of decision-making examined objectively. Put another way, a decision is not only biased if made by a decision‑maker deliberately intending to favour or disadvantage the subject of it for...

UNAT disagreed and found the background of the prior retaliation against the Staff Member affects the principle of the presumption of regularity. In light of the circumstances of this particular case, UNAT found the Administration bore the obligation to justify the lawfulness of its decision to cancel the Job Opening. UNAT thus found the UNDT erred by not requiring the Administration to establish its justification in law for the cancellation of the Job Opening. The administrative decision to cancel the Job Opening was rescinded, and the Tribunal set in lieu compensation at two years’ net base...

UNAT considered an appeal by the staff member. UNAT held that the evidence supported the conclusion that the decision not to appoint the Appellant was overall lawful and did not violate her rights. UNAT noted that the Appellant was not deprived of any significant chance of being promoted because there were other candidates ranked higher than her. UNAT held that the Appellant did not demonstrate any errors in the UNDT judgment regarding the merits of the administrative decision that would warrant UNAT’s intervention. UNAT held that the Appellant did not demonstrate that she was not properly...

UNAT held that UNDT erred in failing to consider adequately the Appellant’s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the UNDT hearing, which included the opportunity to call evidence and to challenge the Administration’s evidence. UNAT held that UNDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. UNAT allowed the appeal, set aside the UNDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

UNAT held that the Appellant was unable to establish that her non-selection to the two posts was flawed, or that she was not given full and fair consideration during the selection process. UNAT noted that the Appellant’s claim was that she faced general discrimination for many years, but that she pleaded this without demonstrating specific discrimination when she was denied the appointment. UNAT held that there is always a presumption that official acts have been regularly performed. UNAT held that proof of unsubstantiated allegations of general discrimination, in the form of two letters...