Administrative Instructions

The UNAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The UNAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the UNAT found that her UN experience was used to disadvantage her. The UNAT also...

The Tribunal observed that unlike the Applicant’s First Reporting Officer’s (“FRO”) comments which were entirely consistent with the ePAS rating of “Successfully Meets Expectations”, the comments of the Applicant’s Second Reporting Officer (“SRO”) seriously undercut and detract from the overall appraisal rating." The Tribunal further noted that after the initial sentence recognizing that the Applicant “consistently performed her tasks and duties effectively” and commending her “ambition and dedication in her role, the SRO added seven sentences which were completely negative about the...

The UNAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the UNDT nor on appeal.

The UNAT held that even if ST/AI/2019/1 were applicable to UNHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The UNAT found no basis to overturn the UNDT’s determination that there had been no evidence of bias or conflict of interest in either the medical...

The Tribunal noted that the issue of contention was whether a staff member seconded to the Secretariat, from a fund or programme in the United Nations System, is “serving with the United Nations Secretariat under a fixed-term appointment” for purposes of eligibility for a continuing appointment. At the time of the contested decision, the Applicant was a staff member of UNICEF (a Programme) but serving on secondment in UNEP (part of the Secretariat).

Based on the evidence on record, the Tribunal concluded that it was clear that under the Inter-Organization Agreement and the letters of...

1. The decision by MONUSCO Human Resources to withhold the P.35 form was unlawful because the authority to withold said form is is expressly delegated solely to the USG/DMSPC.

2. The Administration failed to act swiftly in this matter.

3. The application floundered on the requirement of irreparable damage. Mere economic loss only is not enough to satisfy the requirement of irreparable damage.

4. The consequential damages that the Applicant claimed as a result of the economic loss (his alleged inability to pay for food, housing and education) are all damages that could be recovered should the...

Although the Applicant disagrees with the assessment made during the interview as to whether she satisfied particular competency requirements and regarding her overall suitability for the post, the interview panel was entitled to come to its own conclusions regarding the Applicant’s suitability.

The Tribunals have consistently held that it is not its role to substitute its judgment for that of the hiring manager or the decision-maker. The Tribunal's review is limited to ensuring that the decision was made in accordance with the applicable rules and procedures, and that there was no improper...

The Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner. The application is therefore not receivable ratione materiae.

The Applicant’s contention in respect of his putative privileges and immunities as a staff member of the United Nations is misconceived. Section 20 of the Convention on the Privileges and Immunities of the United Nations is clear: Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the...

Regarding claim 1, the Tribunal held that based on the evidence on record, the Applicant did not provide any evidence that could prove any form of misconduct against the OIOS or UNIFIL officials who handled his complaint. Accordingly, claim 1 was rejected.

For claim 2, the Tribunal noted that, upon his request, via emails dated 22 August 2024 and 31 October 2024, the OIOS provided the Applicant with an explanation for the closure of his Complaint without investigation. Therefore, claim 2 was found to be moot.

Claim 3 was found not receivable. The Tribunal held that the outcome of a management...

a. Regarding the first contested decision, the Tribunal established that based on the evidence on record, the Organization terminated the Applicant’s appointment under staff rule 9.6(c) due to the abolishment of the post that he encumbered. Accordingly, the Tribunal concluded that the termination of the Applicant’s permanent appointment on the basis of abolishment of his post was procedurally proper and lawful.

b. On the second issue, the Tribunal established that based on the evidence before it, the Organization had fulfilled its obligation under staff rule 9.6(c) to make reasonable and good...

Having reviewed the parties’ submissions and the evidence on record, the Tribunal defined the issues for determination as follows:

a. Whether the Applicant had a realistic chance of being selected; and

b. Whether the Applicant suffered any financial loss due to the contested decision.

Regarding the first issue, the Tribunal noted that the Management Evaluation Unit had already determined that there were irregularities in the selection process and recommended that the selection exercise be redone. The Under Secretary-General for Management Strategy, Policy and Compliance (USG/DMSPC) had also...