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Pursuant to jurisprudence on the factors to consider in a communication purporting to constitute the date on which an administrative decision was made, the Tribunal found that the 8 December 2021 communication from the CHRO/RSCE constituted the impugned decision. It had sufficient gravitas having been conveyed by the CHRO/RSCE as opposed to the HR Partner, it raised relevant factors and it had an element of finality.

The Tribunal found that the Applicant met the timeline for filing a request for management evaluation in accordance with staff rule 11.2(c). The Respondent¡¯s motion on...

The Tribunal found that the refusal to pay the Applicant¡¯staxes was lawfuland that the Administration was not liable for the delay in processingof the claim.

The Applicant¡¯s own testimony undermined his claim of extenuatingcircumstances.Histestimony conclusively established thatthe Applicantdid not fileclaims for tax reimbursement in a timely manner because he mistakenly believed that he was not requiredto file and pay taxes to the United StatesGovernment uponexpiry of his permanent residence.His error came to light in August 2019, when the IRS placed alienon his bank account to...

Appeals of classification decisions are governed by ST/AI/1998/9 and for such matters there is a separate internal process.

Appeals of classification decisions are governed by ST/AI/1998/9 and for such matters there is a separate internal process.

The challenge against the decision to place the Applicant on a PIP and the outcome of the review of MEU of the contested decisions is not receivable.

The Administration failed to respect the procedural standards expected from the United Nations in proceedings leading to the imposition of a written reprimand. The above-mentioned deficiencies raise doubts about the appearance of impartiality of the investigation and the decision-making process and are thus sufficient to taint the contested decision. Accordingly, the Administration¡¯s decision to issue to the Applicant a written reprimand and...

The establishment of the fact-finding panel, as statutorily required, renders the application moot.

The Tribunal recalled that staff rule 3.9(b) clearly requires that to be eligible for education grant, a staff member must "reside and serve" outside his or her home country. Based on the evidence on the record, the Tribunal established that the Applicant had telecommuted from his home country for the entire period of 2020-2021 academic year. On this score, the Applicant was not entitled to the education grant.

Regarding the Applicant¡¯s contention that he had relied on an erroneous information provided to him by the Organization, the Tribunal found that there was no reliance on incorrect...

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 ±¬ÁÏÍø 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...

Whether the Applicant had a right of return A Human Resources Factsheet, issued for Umoja users, provides that at the end of a loan period, the staff member concerned is expected to return to the Secretariat unless he/she resigns his/her Secretariat position to transfer to the receiving organization. Such practice has been clearly confirmed by the Appeals Tribunal in Iskandar (see Iskandar 2012-±¬ÁÏÍøAT-248). Accordingly, while the Applicant¡¯s lien on his former post may have been surrendered in accordance with the Administration¡¯s decision of 9 September 2009, he retained a return right to OCHA...

The Tribunal found that the Applicant¡¯s challenge of the decision to place a note on the Applicant¡¯s official status file and ±¬ÁÏÍøICEF¡¯s decision to not make a determination on whether or not the Applicant has committed misconduct is not receivable. The decsions haves no direct consequences on the terms and conditions of the Applicant¡¯s former appointment.

The various acts submitted by the Respondent¡ªGeneral Assembly resolution 76/245 (Questions relating to the proposed programme budget for 2022) dated 24 December 2021; ACABQ report A/76/7 (First report on the proposed programme budget for 2022) dated 13 August 2021; Draft Fifth Committee resolution submitted by its Chair following informal consultations A/C.5/77/L.23 (Questions relating to the proposed programme budget for 2023) dated 30 December 2022; General Assembly resolution A/RES/77/262 (Seventy-seventh session, Agenda item 138, Proposed programme budget for 2023) dated 30 December 2022...

Referring to its previous judgment in the Applicant¡¯s non-selection case, the Tribunal was of the view that in the present application for interpretation, he essentially disagreed with the Tribunal¡¯s findings on the propriety of the impugned selection exercise. Specifically, the Applicant takes issue with the Tribunal¡¯s finding in paragraph 60(b) that he ¡°failed to substantiate that the chosen candidate was not qualified either academically or by way of relevant managerial and supply chain experience¡±.

The Tribunal held that paragraph 60(b) of the judgment was both comprehensible and clear...

The Tribunal noted that the gist of the application, clearly, was against the warning letter and not against the management evaluation in and of its own. The management evaluation request in this case was filed outside the statutory deadlines but above all, was unnecessary. The application against a non-disciplinary measure issued pursuant to staff rule 10.2(b) does not require management evaluation. In this case, pursuant to staff rule 11.4(b), the Applicant ought to have filed his application with the Tribunal within 90 calendar days from the date on which he received notification of the...

The Applicant was not eligible to apply for and participate in the selection process for the Post because, after she passed the G to N exam, she was offered a YPP placement, and refused that YPP placement. The Tribunal finds that the Applicant, a General Service staff who was no longer on the list of ¡°successful candidates¡± for the competitive examination, was therefore not eligible to apply for and participate in the selection process for positions in the Professional category, including the Post. The decision to exclude the Applicant from the selection procedure for the Post was therefore...

The application was rejected as not receivable because it was filed more than three years after the receipt of the contested decisions.

The Tribunal held that there was insufficient evidence to support the conclusion that any distress caused to the Applicant was a result of the failure to resolve the harassment complaint and therefore an essential link in the requirement to prove moral damages had not been established by the evidence. The Tribunal noted that the finding that there was abuse of power was not based on an administrative act which was part of the Applicant¡¯s application. The Applicant claimed that the delay was part of the harassment meted out by the Administration. However, she never provided evidence to link the...

±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly concluded that the contested decision not to initiate an investigation due to the resignation of her SRO was lawful as part of a reasonable exercise of discretion. Though the term ¡°preliminary assessment¡± in ST/SGB/2019/8 was not specifically used in the contested decision, it was clear that Ms. Fosse¡¯s complaint was preliminarily assessed before the decision was made that no investigation would be undertaken. While the previous Bulletin (ST/SGB/2008/5) may have been in force when she lodged her complaint and when it was the subject of a preliminary...

±¬ÁÏÍøAT endorsed the ±¬ÁÏÍøDT¡¯s holding that the decision to issue a press release in response to allegations that OHCHR had endangered the lives of Chinese human rights defenders who attended the Human Rights Council in Geneva in March 2013 fell within the discretion of the Organization and was a managerial prerogative. ±¬ÁÏÍøAT found that the specific part of it which concerned the issue of the provision of names of Chinese human rights activists to the Chinese government fell outside the scope of its judicial review due to the general nature of its content and to the fact that it embodied a...

As a preliminary matter, the ±¬ÁÏÍøAT held that the fact that the ±¬ÁÏÍøDT might have repeated some or most of the Respondent¡¯s arguments and language in its judgment would not be sufficient to undermine the ±¬ÁÏÍøDT¡¯s considerations or determinations.

Regarding the scope of the appeal, the ±¬ÁÏÍøAT held that since the remedy claimed in the appeal does not aim for the rescission of the reassignment, but the placement into a P-5 or D-1 post commensurate with the Appellant¡¯s skills, training, qualifications, and experience for which she has applied and which was not the subject of her initial application, the...

±¬ÁÏÍøAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. ±¬ÁÏÍøAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

±¬ÁÏÍøAT found not receivable Mr. Mukhopadhyay¡¯s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. ±¬ÁÏÍøAT found that he had made these claims for the first time on appeal and was...