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The motion is ill-founded and dismissed.

This application is not receivable ratione materiae because the management evalulation request was time-barred.

The application is dismissed.

The Tribunal noted that the evidence before it included two Microsoft Outlook notifications which established that the administrative decision was delivered to and read by the Applicant on 28 March 2023. The Tribunal further noted that the Applicant did not deny the authenticity of the Microsoft Outlook notifications.

The Tribunal thus held that that the Applicant should have filed his application no later than 26 June 2023 to comply with the 90-calendar day deadline. He filed his application on 28 June 2023, which was two days after the statutory deadline. Accordingly, the application was...

While Nepalese law and custom may be relevant based on the Applicant’s reluctance to culturally accept this designation of half-brother as applicable to him, Nepalese law cannot be deemed the applicable law of the United Nations when referring to employment matters within the Organization. The applicable law of the United Nations is seen and accepted as is promulgated in the Staff Regulations and Rules of the United Nations. The latter applies to employment matters.

While the Applicant wanted to raise his preferred belief that the law of Nepal should apply because he is Nepalese and so is his...

As long as the Temporary Job Opening had no impact on the Applicant’s chances of selection, then an irregularity could not be relied upon as a basis for the selection process to be declared unlawful.

The Tribunal agreed with the Respondent that the Applicant cannot base his argument against the selection process in JO# 136259 by questioning the process in other matters which do not affect his case.

The Tribunal held that whilst the procedure spelt out in ST/AI/2010/3 was not followed, it was unable to see how this irregularity could have had any impact on the selection process.  

The application fails in its entirety.

The Tribunal found that the Applicant had not discharged the burden of proving improper motives or bias against the Respondent.

Of all the eight alleged acts/omissions on which the Applicant based the complaint that his "partially satisfactory" rating was motivated by bias and ill-motive were speculative and the impugned assessment was not tainted by bias or improper motives. The Tribunal concluded that the fact that the Talent Management Review Group did not afford the Applicant an opportunity to present his case could not, ground a finding of bias and improper motive.

The United Nations, as an exemplary employer, should be held to higher standards and the Respondent is therefore expected to treat staff members with the respect they deserve, including respect for their well-being. 

This duty of protection applies not only to physical disease, but also to psychological disease.

This implies a duty to intervene promptly to protect the staff member, at risk for his/her health. 

it took 22 months for the Administration to assess if the Applicant’s pathology was related to the work environment and therefore the Tribunal was of the view that the ABCC unduly...

The issue was whether the Applicant was entitled to education grant for his son’s last year of a five-year degree program which includes two semesters (approximately one year) of no cost/no tuition co-operatives/internships.

The Tribunal held that since the Applicant's son was enrolled in his educational institution during years three and four of his programme, during which the co-op semesters were part of the curriculum, there was no basis not to count years three and four as school years. As these years entailed less expenses on account of tuition not being paid during the co-op semesters...

Pursuant to jurisprudence on the factors to consider in a communication purporting to constitute the date on which an administrative decision was made, the Tribunal found that the 8 December 2021 communication from the CHRO/RSCE constituted the impugned decision. It had sufficient gravitas having been conveyed by the CHRO/RSCE as opposed to the HR Partner, it raised relevant factors and it had an element of finality.

The Tribunal found that the Applicant met the timeline for filing a request for management evaluation in accordance with staff rule 11.2(c). The Respondent’s motion on...