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The finding of non-receivability depends to an extent on one’s perception as to the finality of words used in the decision email. There is a degree of uncertainty and the issues raised on the merits are of general interest. Therefore, applying the approach taken by the United Nations Appeals Tribunal (“UNAT”) in Haq and Kane 2019-UNAT922 the issues related to the merits of the case will also be determined. The challenged decision was not part of a process with many steps. It was complete in and of itself and was clearly expressed as a termination decision with a specific date. The fact that...

The Tribunal finds that, contrary to the Respondent’s submissions, the Applicant’s allegation that she was performing Administrative Assistant functions at the relevant time is supported by her 2016-2017 and 2017-2018 e-PASes, Personal History Profile and Letters of Appointment which were the relevant documents for purposes of the comparative review process (“CRP’). The Applicant has successfully rebutted the presumption of regularity by proving through clear and convincing evidence that the CRP was unlawful. The administration violated its own regulations and rules governing its conduct. The...

The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant’s status as “divorced”, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.

The Tribunal finds that the Applicant’s request for management evaluation on 24 July 2019 was time-barred, and thus the present application is not receivable ratione materiae.

The Tribunal finds that the recovery of CHF2,838 constituting financial loss occasioned to the Respondent through the Applicant’s private phone calls is not a relevant consideration to the determination of the proportionality of the sanction. This is because the recovery is not a disciplinary measure within the meaning of staff rule 10.2(b)(ii) which expressly clarifies that recovery of monies owed to the Organisation is a not a disciplinary measure. The Applicant has failed to show that he deserves a more lenient sanction than the one imposed. His impecuniosity, resulting from the sanction is...

The Applicant has not shown that the negative employment decision had any direct adverse consequences on her contract. The Applicant’s argument that the decision was used by the Administration not to renew her temporary employment is without merit. She has not adduced any evidence to substantiate her claim. On the contrary the Respondent has shown that the temporary employment expired at the end of the maximum 364 days offered in the contract. The Applicant has failed to convince the Tribunal that the decision not to renew her temporary employment was a direct consequence of the decision from...

Receivability The Applicant’s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant’s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal’s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...

The decision to replace the Applicant as Departmental Focal Point for Women is reviewable because it affects her rights as a staff member under ST/SGB/2008/12. The Applicant's role as Departmental Focal Point for Women is not a staff representative. The Respondent did not show a conflict of interest between the Applicant’s role as Departmental Focal Point for Women and her membership of the OHCHR Staff Committee. The High Commissioner had no authority under ST/SGB/2008/12 to remove the Applicant from her functions prior to the expiry of her mandate. Reinstatement of the Applicant was not...

The Tribunal has the power to interpret and identify the “contested administrative decision” at stake, even if the party or parties have failed to do so. The Applicant was placed on SLWOP following her expulsion from Pakistan, the host country, due to her failure to timely submit the required documents for the renewal of her accreditation card. The Applicant, as an international staff member, should have known that a valid visa and accreditation card were conditions sine qua non for her to stay in Pakistan and be able to perform her professional duties. Since these conditions were not met and...

The selection process is still ongoing. It has therefore not yet yielded a final reviewable administrative decision having an impact on the legal order. The application is therefore not receivable ratione materiae.