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±¬ÁÏÍøDT found that on the date of the issuance of the disciplinary measure, as well as on the date when it was received by the Applicant, she remained subject to the Staff Regulations and Rules, which allow for the imposition of disciplinary measures. ±¬ÁÏÍøDT held that the facts of the case demonstrate that the Applicant¡¯s actions were undertaken in a conflict of interest in violation of staff regulation 1.2(m). The actions also demonstrate lack of integrity in violation of staff regulation 1.2(b), which requires staff members to ¡°[¡­] uphold the highest standards of efficiency, competence and...

The Tribunal noted that at the time of the hearing, Respondent counsel had not been instructed or informed the recruitment exercise in question and consequently did not apprise the Tribunal about this fact, just as the Applicant¡¯s Counsel did not know about the Applicant¡¯s application for the position. The Tribunal held that the applying party, the Respondent, meaning the Administration at large, must have known about the ongoing recruitment exercise and the Applicant¡¯s job application for the Job Opening. At the very least, such knowledge must be imputed or assumed to have been known to the...

±¬ÁÏÍøDT held that the principal legal issue arising for consideration in the case was whether the Applicant¡¯s qualifications met the requirement of a recognized first level university degree as required by the job opening she was selected for. The Tribunal held that the Applicant did not meet the minimum educational requirements for positions at the P-2 level and was not eligible to be considered for a one-time amnesty for staff members under section 6 of ST/AI/2018/5. The Tribunal held that the Applicant did not demonstrate unfairness, unjustness, lack of transparency or inappropriate motive in...

There are two elements that must be established for a claim under Appendix D, one is the medical assessment of whether the claimant suffered from the injury or illness as alleged. The other is the non-medical factual determination whether the illness or injury was attributable to the performance of official duties on behalf of the Organization. The obtaining, handling, review, analysis and dissemination of any form of material to be used in a matter as evidence must be done in compliance with some basic rules to ensure that basic principles of fairness and due process are upheld, particularly...

±¬ÁÏÍøDT noted that the Administration bears the burden of establishing that an alleged misconduct for which a disciplinary measure has been taken against a staff member occurred. When termination is a possible outcome, misconduct must be established by clear and convincing evidence, which means that the truth of the facts asserted is highly probable. Is not the role of the ±¬ÁÏÍøDT to conduct a de novo review of the evidence and place itself in the shoes of the decision-maker. The Tribunal was satisfied that the Applicant partook in the misappropriation of the material, which belonged to the...

Absent a prior request for management evaluation, the Tribunal may not consider the merits of the case.

±¬ÁÏÍøDT held that the terms and conditions of the employment contract of a staff member are set forth in the letter of appointment and its express incorporation by reference of the Organization¡¯s Regulations and Rules and all pertinent administrative issuances. The Staff Regulations and Rules embody the conditions of service and the basic rights and duties and obligations of United Nations staff members. A decision relating to learning and development opportunities is an administrative decision subject to judicial review. ±¬ÁÏÍøDT held that the standard operating procedure for the ±¬ÁÏÍø Leaders...

±¬ÁÏÍøDT noted that a staff member has a right to be fully and fairly considered for promotion through a competitive selection process untainted by improper motives like bias or discrimination. A candidate has no right to a promotion. ±¬ÁÏÍøDT held that ¡®Priority consideration¡¯ cannot be interpreted as a promise or guarantee to be appointed or receive what one is considered in priority for and that to hold otherwise would compromise the highest standards of efficiency, competency, and integrity required in selecting the best candidate for staff positions under Article 101 of the Charter. The Tribunal...

The application was withdrawn by the Applicant in light of a settlement agreement.

The application was withdrawn by the Applicant.