In this case, the Management Advice and Evaluation Section had already issued a response to the Applicant’s 22 December 2023 request for management evaluation.
There was no management evaluation pending and, consequently, one of the mandatory requirements for the examination of applications for suspension of action was not met.
In view of the foregoing, the application for suspension of action pending management evaluation was dismissed as not receivable.
1. The Tribunal noted that in sec. VI of his application form, the Applicant declared that he did not request management evaluation. Indeed, he did not file a copy of his management evaluation request with his application. The record showed that the Applicant was yet to request management evaluation of the decision he sought to have suspended.
2. The Tribunal recalled that applications filed pursuant to arts. 2.2 of the UNDT Statute and 13.1 of the Rules of Procedure must be predicated on a pending management evaluation. Consequently, since the Applicant had not requested...
The UNAT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements. Specifically, the UNAT highlighted that the Hiring Manager failed to verify if the candidates’ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the UNAT held...
On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent’s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.
Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...
Mr. Ronved appealed.
The UNAT dismissed the appeal and affirmed the UNDT Judgment.
The UNAT held that the UNDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level. The contested decision before the UNDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the UNDT. The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation. Therefore, the request for management evaluation of both decisions was...
The Tribunal noted that there was no submission on record indicating that the contested decision imposed adverse consequences on the Applicant. The Tribunal, thus, found that it was not established how the contested decision adversely affected the Applicant’s employment. Accordingly, the Tribunal held that the jurisdictional constraints did not allow it to hear and decide the application in the absence of a particular facts-based case. Therefore, the application was dismissed as not receivable.
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...
Mr. Younis appealed. The UNAT found that after perusing the PHP submitted by Mr. Younis, the UNDT had held that the suitability review was correct. The PHP confirmed the Administration’s assessment of Mr. Younis’ work experience. The total number of years of his experience for the two criteria had been properly arrived at by first determining if the nature of his work experience fulfilled the relevant criteria and then the number of years for which he had served in relevant roles was computed for both criteria. The UNAT held that even if Mr. Younis was given the benefit of the doubt on the...
The Tribunal held that as clearly confirmed by the Permanent Mission of Denmark, the Applicant is not recognized as female under the Danish Passport Law, which would have been indicated as “F” in the passport. The Tribunal concluded that there was no violation of international standards. As a person non-compliant with their biological sex, the Applicant has the right to an outward expression of gender identity, respect for their identification and should be protected against improper discrimination on this basis. This does not however translate to automatic access to entitlements or policies...
Following the recusal of his FRO from the Panel, there is no evidence to suggest that the Applicant would have had a better chance had his FRO been present, nor that his (the FRO’s) presence in the other CBIs gave them a better chance. Even if the CBI panel had remained constant and identical, with the inclusion of the FRO, the record before the Tribunal demonstrates that the selected candidate was superior in her candidature. The administration of a written test is not mandatory pursuant to the Staff Selection AI. The onus was on the Applicant to prove the alleged bias. Ill-will is not a...
