The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The Tribunal noted the Applicant’s persistence in raising previously rejected arguments.While no costs were awarded, the Tribunal warned the Applicant and his counsel against vexatious litigation, referencing similar cases and jurisprudence. The application was dismissed in its entirety as not receivable.

Bien que la candidature soit en désaccord avec l'évaluation faite lors de l'entretien quant à savoir si elle satisfaisait à des exigences de compétence particulière et quant à son aptitude générale au poste, le comité d'entretien était en droit de tirer ses propres conclusions concernant l'aptitude de la candidature.

Les tribunaux ont toujours soutenu qu'il ne leur appartient pas de substituer leur jugement à celui du responsable du recrutement ou du décideur. Leur contrôle se limite à vérifier que la décision a été prise conformément aux règles et procédures applicables et qu'elle n'a été...

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 Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

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...

The Tribunal noted that by Order No. 160 (NBI/2024) issued on 9 December 2024, it directed the Applicant to provide a copy of the contested administrative decision and proof of his management evaluation request. Whereas the Applicant filed a response to Order No. 160 (NBI/2024) on 20 December 2024, he failed to provide the requested documents. The Tribunal also observed that the Applicant failed to provide the documents up to the date of the issuance of the judgment.

In line with the above, the Tribunal recalled that its Statute places on the Applicant the burden of establishing “non...

The Respondent argued that the discontinuation of the Applicant’s position was distinct from the non-renewal of his position. The Tribunal rejected this argument. The Tribunal found that the decision-maker linked the discontinuation of the Applicant's post with the non-renewal. The Tribunal held that the discontinuation and non-renewal were inextricably interrelated and therefore the application was receivable. The Respondent’s argument that the claim was not receivable ratione temporis was rejected.

The Respondent’s distinction, while perhaps academically correct, would make receivability no...

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...

1. The Tribunal noted that the Applicant had previously raised the same issue before both the Dispute Tribunal (Fultang UNDT/2022/102) and the Appeals Tribunal (Fultang UNAT-2023-1403). The Dispute Tribunal had found the documents in question admissible. The Appeals Tribunal affirmed this finding.

2. The Tribunal, therefore, held that since the issue had been fully litigated by the parties previously, it was subject to the doctrine of res judicata. Thus, the subject documents were deemed admissible in the proceedings.

3. The Tribunal further concluded that even if...

The Tribunal agreed with the Respondent that the Applicant must comply with the requirements for filing an application set forth in paras. 5, 6, 22 and 23 of Practice Direction No. 4 with respect to the number of pages and content of Annexes in an application form.

The Applicant failed to comply with these provisions. Specifically, the Applicant filed, as an annex, 10 pages of arguments and facts beyond those set forth in the application form.

The Applicant was directed to file an amended application which was in compliance with paras. 5, 6, 22 and 23 of Practice Direction No. 4.

Having filed a motion requesting an extension of time to file an application with a fast-approaching deadline, Counsel should have monitored the case file for a ruling but failed to do so.

Considering the amount of time Counsel spent drafting and filing motions for extension of time, he could have filed an application instead.

This resulted in more resources being expended by the Applicant’s Counsel and by the Tribunal in dealing with the motions. However, the Applicant should not suffer prejudice because of his Counsel’s neglect.

The Applicant failed to identify disputed facts for which the proposed testimony is relevant. Even assuming the facts as alleged by the Applicant regarding her future claims, it was clear that each decision would rise or fall on its own merits.

Directing the Applicant to file new claims in the case would cause undesirable delay in disposing of the case.

The Tribunal found that the Applicant had provided sufficient information to justify the granting of a brief extension of the deadline to file her application.

A broken computer had the effect of preventing even the most essential access.

The Tribunal considered that it was in the interest of justice to permit the brief extension to allow the Applicant to have her case heard on the merits, and that the Respondent would not be prejudiced by such extension of the deadline.

Beyond mere expressions of surprise, the Applicant presented no argument contesting either the law or facts of the Respondent’s response to his request for production of evidence.

The Tribunal found that the requested evidence was irrelevant.

The Tribunal acknowledged the legitimate security issues implicated in the request, especially in light of the Applicant’s bald claim that an unidentified expert required these documents to develop or support an undisclosed opinion.

The broad request for security log books monitoring staff movements at the compound did not seem to be relevant to the fair...

The Tribunal directed the Respondent to submit evidence of the legitimate investigative activity that was taken in connection with this case from the date on which the Administration received the report of possible misconduct until the date of the decision to withhold the Applicant’s final entitlements and pension paperwork.

In order to determine whether any delays in this case were an aberration or examples of systematic problems, the Tribunal also directed the Respondent to submit similar information for all of the 225 MONUSCO Medical Insurance Plan fraud investigations.

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...

On delegation on authority, the Respondent argued that the presumption of regularity avoids the need for proof absent a prima facie case. This argument is entirely correct. The Respondent was required to and submitted email correspondence between the ASG/OHRM and the USG/DMSPC regarding this case. In that correspondence, the ASG/OHRM attaches her recommendation to impose a disciplinary sanction on the Applicant, along with a “detailed analysis in the body to the recommendation.” In response, the USG/DMSPC writes“Recommendation approved.” The Tribunal was therefore convinced that the contested...

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...

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...