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The Tribunal dismissed the application on the merits.

It was not unreasonable to infer that on 3 July 2015, having gone through the rigors of a criminal judicial proceeding and having been acquitted of all charges, the Applicants became aware that there may have been breaches of the applicable rules governing their arrest and detention as United Nations staff members and the waiver of their immunities. The Applicants’ causes of action in relation to the remedies for the alleged breaches of the procedures under A/63/331 and ST/AI/299 arose on 3 July 2015. Accordingly, pursuant to staff rule 11.2(c) the Applicants were, therefore, required to seek...

The Tribunal held that the Applicant’s challenge in relation to the decision to cancel his administrative leave (“AL”) was without merit. The Tribunal reasoned that the evidence showed that the Applicant was placed on AL after UNOPS had received allegations of intimidation, harassment and other misconduct against him in the Sudan office. The Applicant did not contest the decision to place him on AL but only the decision informing him that his AL had not been extended and that no disciplinary action was being taken against him regarding the allegations. Accordingly, the decision not to extend...

The Applicant did not conduct herself with the “honesty and truthfulness” that was expected of her. The Tribunal further found that the Applicant placed herself in a position in which her interests conflicted with those of the Organization.

The Applicant requests revision of UNDT/2017/012 on the grounds that the Tribunal did not consider his closing statement. The Tribunal concludes that there are no legal reasons for the Judgment to be revised. The Tribunal also notes that the reason invoked in the application for revision may be submitted as a ground of appeal, if any, before the United Nations Appeals Tribunal.

The failure to consider the Applicant’s e-PAS reports and to address them especially in the context of the disparity between its ratings and those of the Applicant’s reporting officers on the same competencies and within the same organization was a serious flaw in the selection process. UNDT was satisfied that the panel met its requirement of asking probing questions, even if the report reflected it as “prompting” rather than “probing.” The absence of an ex-officio member on the assessment/interview panel by itself could not vitiate the selection exercise. The Applicant’s candidacy for the...

The Tribunal dismissed the application as not receivable ratione materia.

Pursuant to staff rule 3.17(ii), the Applicant was required to make a written claim to receive retroactive SPA “within one year following the date on which [she] would have been entitled to the initial payment”. This request should have been made within one year of 1 December 2009, that is, by or before 1 December 2010. However, it was only on 5 September 2011 that the Applicant wrote an interoffice memorandum requesting an extension of her SPA at the P-2 level from 1 December 2009 to the then-present time to account for the additional functions that she had been performing. The Applicant...

The Tribunal held that the Applicant’s intentional actions amounted to misconduct. Although the Applicant did not receive any money from the health insurance company, the mere fact that he attempted to defraud the company by knowingly submitting false information constituted a violation of staff regulation 1.2(b) and amounted to misconduct. Whereas the Applicant contended that his termination was disproportionate particularly in view of his 17 years of service to the Organisation and his continuous satisfactory performance, the Tribunal held that the disciplinary measure was proportionate to...

Disciplinary process and agreed separation: While the fact that an investigation for misconduct was ongoing was not in itself a basis for excluding the Applicant from consideration for agreed separation outright, as this was not one of the non-eligibility factors set forth in the relevant rules, the Administration was entitled to take into account the outcome of the investigation and subsequent disciplinary process when carrying out its consideration to award a discretionary benefit on to a staff member.

Accountability referral: The Tribunal referred the case to the UNDP Administrator due to...