UNDT/2022/106, Nantumbwe
The ASG/OHR considered all the relevant facts, and weighed the reasons provided by the Director of the RSCE. She considered the circumstances surrounding the Applicant’s prior service on a temporary appointment, and the exception previously granted to the Applicant’s sister.
The Respondent created no legitimate expectation that the exception previously granted to the Applicant’s sister would automatically result in the Applicant being later granted an exception, too; indeed, the derogation in the past had a different factual basis in the type and length of the relationship (and the temporary nature) of the first appointed relative; the Applicant’s sister was granted an exception because, amongst other things, the Applicant was on a temporary appointment at the time, meaning that the overlapping service of both sisters would only be for a limited time.
The Applicant challenged the refusal by the Administration to grant her an exception pursuant to staff rule 4.7(a) on the appointment of immediate family members within the Secretariat of the United Nations.
Staff rule 4.7 (a) categorically prohibits two individuals with family relationships such as mother, father, sister or brother to work for the Organization irrespective of reporting lines or location.
The Dispute Tribunal cannot consider the correctness of the choice made by the Secretary-General amongst the various courses of action open to him. Nor is it the role of the Tribunal to substitute its own decision for that of the Secretary-General.