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UNDT 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. UNDT held that the standard operating procedure for the UN Leaders...

In making the final decision on the Applicants’ complaint, the then Director General, UNOG, as the responsible official for their case, was bound by sec. 5.18 of ST/SGB/2008/5. Since the investigation report concluded that no prohibited conduct was established, the consequent decision to close the matter without any further action was nothing more than regular compliance with sec. 5.18(a) of ST/SGB/2008/5. In assessing the legality of the decision to take no further action, the Tribunal must examine whether the Administration breached its obligations pertaining to the review of the complaint...