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The Applicant is a former staff member who separated from OHCHR in May 2015. Following her separation from service, the Applicant made declarations on her own volition and in an individual capacity to a journalist alleging that her contract was not renewed “after” she engaged in so-called whistleblowing activities during her employment with the Organization. The journalist contacted the Spokesperson, OHCHR and requested OHCHR’s comments in relation to the Applicant’s allegations. In March 2018, the Spokesperson, OHCHR, exchanged three “off the record” emails with the journalist and it was the...

The challenge against the UMOJA process and its automated response to the Applicant, as articulated in this application, is therefore not receivable ratione materiae. If there was no action taken in the Applicant’s precise individual case but there was only general action applicable to all staff members, there is no administrative decision for purposes of pursuing a receivable appeal to the Tribunal. If the action that is challenged produced no direct legal consequences, this is a further lacuna in the subject matter of an appeal that renders it not receivable.

Relevant matters were ignored. The timing and circumstances of the Applicant’s appraisals, sick leave taken, the nature of the four-month assignment in 2018 and the reasons for it, are relevant. These factors have been considered in coming to a determination that a proper exercise of the Respondent’s discretion would have been to consider an appraisal of the Applicant’s work for the four-month period in 2018. The Applicant was on sick leave for the first seven months of the year but there is no provision in the regulatory framework indicating that the appraisal for a shorter period of work...

The Applicant’s complaints were remanded once more to the Respondent for a proper investigation in compliance with the regulatory framework. The Respondent is to provide the Applicant with a copy of her interview transcript and summary (if any) prepared by outside provider and used in the prior investigation.

The interview questions were reasonable and that the panel’s report was comprehensive, well-structured and thorough, and with reference to Sanwidi, the decision not to recommend the Applicant was therefore not “absurd or perverse” It is uncontested that the Applicant passed the written test, which was administered by the technical panel, whose composition he is now challenging. Accordingly, this composition evidently did not result in any concrete negative consequence(s) for the Applicant in the challenged selection process, but as a general matter, the Tribunal cannot exclude that a situation...

The finding of non-receivability depends to an extent on one’s perception as to the finality of words used in the decision email. There is a degree of uncertainty and the issues raised on the merits are of general interest. Therefore, applying the approach taken by the United Nations Appeals Tribunal (“UNAT”) in Haq and Kane 2019-UNAT922 the issues related to the merits of the case will also be determined. The challenged decision was not part of a process with many steps. It was complete in and of itself and was clearly expressed as a termination decision with a specific date. The fact that...

The Tribunal finds that, contrary to the Respondent’s submissions, the Applicant’s allegation that she was performing Administrative Assistant functions at the relevant time is supported by her 2016-2017 and 2017-2018 e-PASes, Personal History Profile and Letters of Appointment which were the relevant documents for purposes of the comparative review process (“CRP’). The Applicant has successfully rebutted the presumption of regularity by proving through clear and convincing evidence that the CRP was unlawful. The administration violated its own regulations and rules governing its conduct. The...

The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant’s status as “divorced”, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.

The Tribunal finds that the Applicant’s request for management evaluation on 24 July 2019 was time-barred, and thus the present application is not receivable ratione materiae.

The Tribunal finds that the recovery of CHF2,838 constituting financial loss occasioned to the Respondent through the Applicant’s private phone calls is not a relevant consideration to the determination of the proportionality of the sanction. This is because the recovery is not a disciplinary measure within the meaning of staff rule 10.2(b)(ii) which expressly clarifies that recovery of monies owed to the Organisation is a not a disciplinary measure. The Applicant has failed to show that he deserves a more lenient sanction than the one imposed. His impecuniosity, resulting from the sanction is...