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Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...

The Tribunal stressed that the Applicant, contrary to his assertion, was not awarded compensation for loss of earnings. He was awarded material damages for his loss of opportunity.; The Tribunal reviewed the paragraph sought to be interpreted and was of the view that the Judgment was comprehensible and clear. The expression “net base salary” was found to be clear and unambiguous and to refer to gross salary minus staff assessment. It does; not include a post adjustment component. The Tribunal also clearly did not provide for the taking into consideration of a possible step increment in the...

The Tribunal concludes that the Hiring Manager erred in finding that the selected candidate’s Master’s degree was related to, and therefore relevant for, any of the required specifically mentioned areas (computer science, information systems, mathematics, statistics) and wrongly determined that she fulfilled the educational requirement.; The Tribunal concludes that an additional criterion was used to evaluate only the selected candidate for the post, namely field experience, and that this criterion was not included in the Job Opening and the Hiring Manager erred in finding that the selected...

The Tribunal concludes that the Applicant’s application for the three P-3 posts was not fully and fairly considered, since the Hiring Manager did not personally evaluate her candidacy based on the information included in the PHP and e-PAS reports, while formally endorsing the decision of the CSS/OSU not to shortlist the Applicant. The Applicant’s e-PAS reports contained essential information regarding the Applicant’s fulfilment of the highly desirable requirements for the job opening. The Tribunal concludes that it has no competence to order the Secretary-General to assess the way the...

The Tribunal is of the view that in light of the oral evidence presented to the factfinding panel by the FRO and SRO, instead of them following the recommendations of the second rebuttal panel to initiate and provide real support to the Applicant at every stage of the process, they continued their negative behavior towards the Applicant and they did not temporarily rotate/assign him to another position in a different Unit for the following six months (up to one year starting from 19 March 2014), and to allow for the continuation of his third probationary year. The Tribunal concludes that the...

It is within the Administration’s discretion to reassign a staff member to a different post at the same level. Such a reassignment is lawful if reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. The responsibilities must correspond to the level, the function must be commensurate with the staff member’s competence and skills and the staff member must have substantial experience in the field. An Organization has to act fairly, honestly, justly and transparently towards a staff member. If an Organization offers a staff member a...

In light of the Respondent’s acceptance of the findings of the UN Ethics Office that the Applicant’s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal’s review was limited to the issue of compensation. The Tribunal rejected the Applicant’s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...

Was the investigation properly conducted? The alleged lack of transparency There were indeed “exceptional circumstances” that justified the disclosure of the investigation report to the Applicant. Since the Applicant was granted access to the investigation report and all relevant documents at the judicial stage, prior to the hearing and in order to prepare for it, the Tribunal considers that the Applicant had the opportunity to have all the elements required to properly present his case before the Tribunal. While it would have been more appropriate for the Organization to provide the Applicant...

UNDT held that the application was receivable ratione materiae under Staff Rule 11.2(c) and Article 81.(c) of the UNDT Statute. The Applicant submitted and Appendix D claim on 4 December 2019 and a decision was made and communicated to him on 10 December 2019. He submitted that decision for management evaluation in accordance with Staff Rule 11.2(c) and Article 8.1(c) of the UNDT Statute. UNDT held that the 6 June 2019 email, in which the Advisory Board on Compensation Claims (ABCC) thanked the Applicant for bringing a matter to its attention, was not in response to a compensation claim by the...

The Tribunal found that the contested decision was unlawful based on the Respondent’s admission that “although there were legitimate reasons to abolish the Applicant’s post, the decision to do so, which led to the non-extension of her appointment […] was based, in part, on flawed considerations”. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. Remedies The Tribunal noted that the Applicant worked as an Operations Manager, at the NO-C level, in the UNICEF Morocco Country Office. She worked on a fixed-term appointment since February 2010...