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The UNAT observed that neither party had raised whether AAQ’s application was receivable before the UNDT. The UNAT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The UNAT noted that pursuant to Article 2(1)(a) of the UNDT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...

The written reprimand

Factual basis for the imposition of the measure

UNPAD, as an ad hoc special interest group, advocates for issues relating to conditions of work pertaining to staff members of African descent in the United Nations.

UNOMS is established “to make available confidential services of impartial and independent persons to address work-related issues of staff members” (see ST/SGB/2016/7 para 1.1). UNOMS is guided in its work by four core principles, namely independence, confidentiality, neutrality, and informality.

It appeared from the information on record that the Applicant...

The Tribunal found that it was not unreasonable nor unlawful to require the Applicant to work from the office for two days per week. The Administration, therefore, properly exercised its discretion in declining the Applicant’s request to work from home for the entire work week. The Tribunal took note that the Applicant had been able to work remotely on a full-time basis from March 2020 to December 2022 and that there was an operational need for the Applicant to return to work. The Director reasonably, weighed this operational fact against allowing the Applicant to telecommute for the entire...

While, arguably, changing the title of a position may carry the same effect as abolishing it, the two actions are not synonymous under the UNHCR legal framework. Since “discontinuance/abolition of post” and “change of position title” are separately provided for under the UNHCR New Resource Allocation Framework (UNHCR/AI/2019/7/Rev.1), it follows that they are independent of each other. Indeed, the above provision has explanatory language indicating that “discontinuance of a post” is “same as abolition of a post defined in the Staff Regulations and Rules of the United Nations”. No such...

Whether the contested decision is lawful

Whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements

The Organization’s duty of care towards staff during the COVID-19 pandemic

Since March 2020, when WHO declared COVID-19 as a global pandemic, the Organization has ensured that all necessary measures are in place to support the safety and health of all UN personnel when carrying out the functions and responsibilities entrusted to them.

The nature of the Applicant’s functions may require her on-site presence, as evidenced by...