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Staff rule 4.9(a) provides that inter-organization movements shall be governed by an inter-organization agreement, and UN Women agreed to release the Applicant on secondment in accordance with the Inter-Organization Agreement. Therefore, the terms and conditions of the Inter-Organization Agreement apply in this case. Under the Inter-Organization Agreement, the Applicant had the rights of employment upon her return from secondment, which means that she had the right and the obligation to resume work at UN Women upon return from her secondment. Such rights were not respected when she was forced...

The Applicant missed the 60-day deadline to request management evaluation of the contested decision. The Application is therefore not receivable ratione materiae.

It is clear from ST/AI/1999/9 and the 11 February 2019 interoffice memorandum: (a) that sending a note to the Executive Office of the Secretary-General when selecting a male candidate instead of a suitable female colleague is a mandatory requirement as the verb “shall” is used (b) that for “review and discussion”, the relevant note to the Executive Office of the Secretary-General is to be submitted before—and not after—any selection decision is taken and (c) that in this note, the hiring entity is to explain and document why the “recommended” male candidate is “clearly superior” to any...

After the Applicant’s separation, she is not entitled to receive any further assistance from the Organization with respect to the renewal of her passport. Therefore, the Administration’s lack of response did not have an impact on the Applicant’s terms of employment. This decision is therefore non-receivable. The Applicant has neither been repatriated nor traveled outside the duty station because she failed to provide the required information. There is therefore no decision from the Administration not to repatriate the Applicant which is capable of judicial review. A staff member’s privileges...

It is not the role of the Dispute Tribunal to evaluate the correctness of the contested decision but rather examine whether the Administration respected the bounds of its discretionary power in reaching it. While the Applicant alleged that evidence was ignored and that OIOS investigators were biased against him, he provided no detail in support of these assertions. Tribunal was satisfied that OIOS interviewed all relevant witnesses with respect to the incidents of alleged sexual misconduct and reviewed the available documentation. The Tribunal was also satisfied that the conclusion that the...

The contested decision fell within the Administration’s margin of appreciation and was a reasonable exercise of discretion. Under the applicable legal framework, the Applicant is not entitled to force the Administration to investigate her complaint. To the contrary, the responsible official is provided with a discretion to initiate or not to initiate an investigation under the applicable legal framework. The decisionmaker reasonably decided not to investigate the Applicant’s complaint in light of the alleged harasser’s resignation. The decision was also procedurally compliant as the...

While the schedule set for the written assessment was probably inconvenient for the Applicant. However, he did not even attempt to provide a reason, neither when he was notified of the assessment’s schedule nor in his application, why it was not possible for him to take the test. He simply asked for the test to be rescheduled to coincide with the working hours at his location. The reason provided by the Administration for not being able to accommodate different schedules, namely the avoidance of leaks, is fair and reasonable.Therefore, the Applicant’s decision not to participate in the...

The decision to change the Applicant’s reporting line is moot because the Administration amended that decision.The contents of the email in question do not produce any direct legal consequences affecting the Applicant’s terms and conditions of appointment, since the email only announces future anticipated revisions of the terms of references. The record confirms that there was a change to the Applicant’s reporting line. The change to the designation of the Applicant’s FRO and SRO are contestable administrative decisions. The contested change to the Applicant’s reporting officers falls under...

The interview questions were reasonable and that the panel’s report was comprehensive, well-structured and thorough, and with reference to Sanwidi, the decision not to recommend the Applicant was therefore not “absurd or perverse” It is uncontested that the Applicant passed the written test, which was administered by the technical panel, whose composition he is now challenging. Accordingly, this composition evidently did not result in any concrete negative consequence(s) for the Applicant in the challenged selection process, but as a general matter, the Tribunal cannot exclude that a situation...

Receivability The Applicant’s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant’s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal’s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...