Non-disciplinary

None of the documents submitted by the REspondent had the official or authoritative character of a budgetary and/or financial record to demonstrate how the Applicant’s post was established and funded and—by a subsequent exclusion—also showed that the post had been abolished (see, similarly, the Dispute Tribunal’s non-appealed judgment in Quatrini UNDT/2020/043). Also, nowhere in any of the documentation is it implied that the mandate of UN Women’s office had changed in a way that would disallow the employment of a driver at 3 level of the General Service staff category (“G-3”). The Respondent...

The Tribunal finds that the Respondent’s explanation as to why the Applicant’s post was the one chosen for abolition is well substantiated. There was a genuine large scale restructuring due to severe budget cuts, which resulted in other staff members being separated from service, including the Applicant, and there was a legitimate explanation for the recruitments and vacancies that were not cancelled. The presumption of regularity was satisfied. Since the Applicant cannot convincingly show why his post should not have been abolished even though the posts of dozens of other staff members...

Starting with the presumption that official acts are regularly performed, UNAT agreed that the Administration acted in accordance with the Staff Regulations and Rules when it invited three roster candidates for an informal interview and made a final selection from the roster. Given the presumption of regularity was satisfied, the burden of proof shifted on the staff member who must demonstrate that he was not given fair and adequate consideration. This, the staff member failed to do. UNAT also agreed with the UNDT that the staff member can only challenge a specific administrative decision, and...