Rescission

UNDT denied the Applicant’s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. UNDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for UNDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. UNDT held that the most appropriate remedy for the Applicant would be rescission...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...

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...