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The underlying reason behind the Applicant’s FTA not being renewed was the fact that he could not obtain a visa to join his duty station.  In the case at hand, the Applicant was not able to demonstrate that the decision not to renew his FTA beyond its expiration date was illegal, arbitrary or tainted by ulterior motives. As per the legal framework, an FTA does not carry any expectancy, legal or otherwise, of renewal, and shall expire automatically and without prior notice on the expiration date specified in the letter of appointment. In addition, obtaining a visa was, indeed, a condition sine...

The Applicant contests his non-selection and being found not suitable for the position advertised under JO 18186. He identified as the contested decision the Management Evaluation Unit's response dated 24 March 2021. However, a management evaluation response is not a judicially reviewable administrative decision. Accordingly, the application is not receivable ratione materiae. The above notwithstanding, the Tribunal recalls that it falls under its competence “to individualize and define the administrative decision impugned by a party and identify what is in fact being contested and so, subject...

The Tribunal reviewed the application and found it not receivable. The Applicant indicated in his application that while he was initially offered a separation indemnity of 12 months’ net base salary, this amount was later reduced to three months’ net base salary in a separation agreement dated 16 March 2021. According to the information on record, the Chief Human Resources Office, Pakistan Country Office, verbally informed the Applicant of the contested decision on 11 March 2021. Therefore, as per staff rule 11.2 (c), the Applicant had until 10 May 2021 to request management evaluation. Even...

There is no evidence of collusion or bias against the Applicant. On the contrary, several congruent testimonies corroborated the complainants’ statements and confirmed the allegations of bullying and harassment against the Applicant. The Applicant failed to substantiate his arguments against the complaint and the complainants. The facts are established by a preponderance of evidence and constitute misconduct.
Bearing in mind the nature of the facts attributed to the Applicant, it is not unreasonable that he be obliged to attend mandatory training to improve his managerial and communication’s...

Scope of judicial review In a remanded case, such as the instant one, the Applicant may not expand the scope of claims for remedies contained in her original application and, as such, the Tribunal will not consider her new claims or arguments unless they are essentially related to her original claim in the application. Whether and to what extent the Applicant is entitled to remedies The Appeals Tribunal found in Banaj 2022-UNAT-1202 (see para. 1) that the temporary removal from the Applicant, and reassignment to others, of certain of her functions as Head of UNODC in Albania, was an unlawful...

Whether the facts on which the disciplinary measures were based have been established There is evidence that the Applicant improperly interfered with the recruitment exercise for the position of LSA Sulaymaniyah. Also, the Applicant does not dispute the fact that he did not report potential misconduct on the part of his supervisor. Accordingly, the Administration has established to the requisite standard of proof the facts on which the disciplinary measures were based. Whether the established facts legally amount to misconduct The Administration correctly determined that:  

a. By moving Mr. D...

There are incidents on which the Applicant had no direct knowledge. Consequently, he has no standing in filing a complaint of prohibited conduct in relation to them.

It was inappropriate for the Director, DA, UNOG, to play an instrumental role in the constitution of the investigation panel considering that he was the decision-maker in relation to one alleged incident, was a material witness in the investigation and was highly likely to be interviewed by the investigation panel. Several factors cumulatively gave rise to a reasonable perception of a conflict of interest on the part of a panel...

Have the facts on which the disciplinary measure was based been established according to the applicable standard? It was alleged that during the Cox’s Bazar all-staff retreat in February 2020, the Applicant: a. Grabbed V01 from behind her and held her tight with his hands around her waist to the front of her body. He rested his head on her back while he pulled her back so that the front of his body rested against the back of her body. V01 did not consent to him touching her; and b. Hugged V02 from the front side of her body with his body pressed against her body. He hugged her with both his...

Preliminary matter: the use of prior conduct evidence The Applicant argues that his due process rights were violated during the investigation, particularly by the irregular use of prior conduct evidence which allegedly created a bias against him and masked the lack of clear and convincing evidence in relation to the sexual harassment complaint. The Tribunal considers it is proper and not unlawful for the Organization to consider the staff member’s background and behaviour towards others in the context of a disciplinary case, as long as it is relevant, uncontroversial and probative. UNAT...

Whether there was a genuine restructuring process In the present case, there is no evidence that the restructuring exercise was not genuine. Instead, the evidence shows that there was a genuine, large-scale restructuring, and this resulted in numerous staff members and non-staff personnel being separated from service. The restructuring of WSSCC was in effect the shutting down of WSSCC and the establishment of the SHF. Moreover, the strong donor support shows that it was a genuine restructuring. As the donors have a fundamental objective to ensure that the funds they provide are appropriately...