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Neither party has—rightly so—disputed the Appeals Tribunal’s findings in Al Shakour that the United Nations Secretary-General was bound by the General Assembly’s endorsement and adoption of the ICSC’s determination regarding post-adjustment for United Nations staff in Geneva. In doing so, the Tribunal further notes that, as relevant to the present case and following Al Shakour, the General Assembly provided no alternatives for the United Nations Secretary-General on how to compute the relevant post-adjustment payment than by following the ICSC’s determination. Accordingly, as relevant to the...

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse’s and his father in law’s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

Receivability: The Applications were found receivable for the following reasons: 1. They were timely, having been filed within the applicable deadline, following a properly requested management evaluation. 2. An individual administrative decision, namely, to apply the new post adjustment in relation to each of the Applicants, had been issued and implemented, as demonstrated by their salary slips for the month of February 2018. 3. The Tribunal rejected the Respondent’s claim that the administrative discretion is a criterion for determining receivability of an application...

UNDT preliminarily decided not to admit the Non-Governmental Organization (NGO) Coordinator’s testimony into evidence, holding that it was not required because the case record already contained relevant evidence in relation to the facts in which he had been involved. UNDT held that the evidence showed that neither the Applicant nor the Senior Programme Officer were involved in the implementation of the project. In fact, a Senior Reintegration Officer had overall responsibility for it as he requested an operational advance and, consequently, was personally responsible for the funds. UNDT...

UNDT held that the Applicant had no authority to demand a performance guarantee from an NGO Coordinator and that the Applicant’s intention was not to keep a performance guarantee, but rather to obtain a bribe from the NGO Coordinator. UNDT held that it was not convinced of the probative value of the alleged handwritten note which the Applicant claimed was evidence of his intention to request a performance guarantee. On the issue of the Applicant returning the alleged performance guarantee, UNDT held that the real intention of the Applicant and the Senior Programme Assistant was to avoid the...

Regarding the Respondent’s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...

The Applicant’s supervisor did not participate in the selection process for the four Representative positions in Uzbekistan, Ukraine, Bolivia and Nigeria, and for the position of Chief Gender and Human Rights. The Applicant’s Supervisor’s participation in the selection process for the Palestine position did not affect the integrity of the selection process. The Applicant was given full and fair consideration. The fact that the Rotation exercise and selection decisions for the positions in Uzbekistan, Ukraine, Nigeria and Palestine and the relevant Ethics Units determination and recommendation...

Non-selection The job responsibilities of the post the Applicant applied for and the post occupied by her spouse, who both report to the same supervisor, are closely related. The Organization reasonably determined that the appointment of the Applicant to the post would create an actual or possible conflict of interest due to her marriage to her spouse. The decision was also procedurally compliant since, contrary to the Applicant’s argument, the decision did not require a prior review by the Compliance Review Body and the hiring manager. The decision was not irrational or arbitrary just because...

As per the account of both parties, previously awarded costs had been paid and, thus, what remained to be considered is if the 2014 contested decision has been fully rescinded or not. The issues at stake are of a medical nature and that is why this Tribunal remanded the matter by Order No. 24 (GVA/2016) so that a Medical Board is convened and a determination on the Applicant’s sick leave entitlements is made. This medical determination is a condition sine qua non for the submission for consideration for a disability benefit by the UNSPC. Contrary to what the Applicant argues, UNJSPF...

The Applicant did not request the complainant's testimony and therefore waived his right to cross-examine her despite being allowed the opportunity to make such request in due course during these proceedings. The complainant’s account remained detailed, coherent and consistent in her complaint and in the interview with the investigators. It was also largely corroborated by the statement of the colleague to whom she promptly reported the incident.The Tribunal also notes the absence of any evidence suggesting ill-motive on the side of the complainant. This evidence meets the standards laid out...