The Tribunal found that the contested decision was not based on improper motives as had been alleged by the Applicant. Rather, UNDP had acted farily and transparently. Thus the Tribunal held that there was no illegality, irrationality and unfairness in the impugned decision.
Non-selection The job responsibilities of the post the Applicant applied for and the post occupied by her spouse, who both report to the same supervisor, are closely related. The Organization reasonably determined that the appointment of the Applicant to the post would create an actual or possible conflict of interest due to her marriage to her spouse. The decision was also procedurally compliant since, contrary to the Applicant’s argument, the decision did not require a prior review by the Compliance Review Body and the hiring manager. The decision was not irrational or arbitrary just because...
The Tribunal finds that the facts on which the disciplinary measure was based have not been established. The decision is rescinded in accordance with art. 10(5)(a) of this Tribunal’s Statute. The Respondent may opt to pay compensation in lieu of rescission comprising her salary from the date of termination to the date when the Applicant would have retired from service. The Applicant has proved that she suffered moral damages and is awarded of two years’ net base salary as damages for moral harm. The Applicant has also proved that she was over deducted by USD20, 987.91 causing her financial...
When the Applicant sought management evaluation of the imposition of a condition to the extension of his fixed-term appointment, he did not contest the actual non-extension of his appointment which was yet to be taken at that time. The Applicant did not seek management evaluation of the non-extension of his fixed-term appointment before he filed the present application. Accordingly, any appeal of the non-renewal of the Applicant’s appointment would not be receivable ratione materiae. The imposition of the condition of resignation did not in itself have a direct legal impact on the Applicant’s...
