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Following the recusal of his FRO from the Panel, there is no evidence to suggest that the Applicant would have had a better chance had his FRO been present, nor that his (the FRO’s) presence in the other CBIs gave them a better chance.  Even if the CBI panel had remained constant and identical, with the inclusion of the FRO, the record before the Tribunal demonstrates that the selected candidate was superior in her candidature.   The administration of a written test is not mandatory pursuant to the Staff Selection AI. The onus was on the Applicant to prove the alleged bias. Ill-will is not a...

The Tribunal found that there were severe failures in affording the Applicant due process during the investigation. After first interviewing her as a non-subject, SIU later decided that she would be a subject of the investigation but did not then afford her the due process entitlements under section 10 of ST/AI/2017/1. While there was procedural unfairness to the Applicant, inefficiency and a lack of reporting transparency; there was no due process failing on the part of the decision-maker since her decision expressly considered not only the SIU investigation report but also the Applicant’s...

In all the circumstances, the Respondent failed to prove by clear and convincing evidence the basis for the finding of misconduct that led to the Applicant’s dismissal.   There was no clear and convincing evidence of any factual basis for a finding that the Applicant committed the actions as alleged. The Tribunal found that due process was observed. However, the failure to interview appropriate witnesses adversely detracted from the standard of proof of misconduct achieved by the Respondent. That standard did not reach the level of a clear and convincing case. Of the remedies sought by the...

The Tribunal found that there was ample justification for the decision maker’s plausible conclusion that the Applicant breached his obligation to disclose an actual, or possible, conflict of interest.  Although only evidence on a balance of probabilities was required, the evidence presented surpassed that standard and was clear and convincing.  

The fact or possibility of such personal interest could impact negatively on the perception of integrity, independence and impartiality required of the Applicant as an international civil servant. The Applicant had a duty was to disclose the actual or...

There was no evidence on record of a management evaluation request submitted by the Applicant. Instead, the instant application was preceded only by an ME request made in October 2021, by a colleague of the Applicant, one Mr. AA. The Tribunal found that it was apparent however, that the Applicant considered the said ME request to have been made on his behalf as one of the affected members of the UNAMID national staff. The ME request was submitted more than four years after the Applicant received notification of the administrative decision being contested. The application was accordingly not...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request.  The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening.  The...

The Applicant’s claim was based on her assertion that she was on official travel status at United Nations expense when she was forced to have a stopover of 23 days in Khartoum. Accordingly, she claimed that she was entitled to DSA in accordance with staff rule 7.10. The Tribunal found, however, that there was no category under the applicable legal framwework of entitlement to DSA under which the Applicant’s time in Khartoum fell. 

Once approved by the General Assembly, the decision to downgrade a post is placed outside the Tribunal’s jurisdiction. There can be no issue of restoring this position and the Applicant as its incumbent. The only question that could be entertained by the Tribunal is whether, in proposing the budget, the administration acted lawfully, or, as it is alleged, engaged in a conspiracy against the Applicant to mislead the General Assembly. The Tribunal found that the Secretary-General’s recommendation to downgrade one of the P-4 posts was lawful.  The Tribunal was satisfied that the downgrading of...

On the due process prong, the Tribunal concluded that the Applicant’s complaints about lack of due process were without merit. The Applicant did not establish that the Respondent failed to afford him due process in the investigation and disciplinary process. Accordingly, the Tribunal held that the Applicant’s due process rights were guaranteed. On whether the facts were established by clear and convincing evidence, the Tribunal recalled that the Applicant was sanctioned for: (i) Misleading the UNHCR’s Global Fleet Management (“GFM”) regarding the extent of the damage to the UNHCR’s vehicle;...

The Tribunal found that there were several reasons why the application was not receivable: the impugned decision was merely a prefatory act , moreover, as such, it was sub judice in Case No. UNDT/NBI/2022/6. However, on a purely formal plane, the application had been filed out of time.