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The UNAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.

The UNAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates’ suitability for the post instead of seniority, compelling reasons...

Le Tribunal a estimé que l’ABCC avait mis un temps démesuré (près de cinq ans) à traiter la demande d’indemnisation de la requérante suite au décès de son mari.

L’objectif même de l’indemnisation d’un fonctionnaire pour un préjudice subi (ou de l’indemnisation d’un bénéficiaire pour le décès d’un proche) est d’atténuer ses souffrances et de le placer dans la situation où il se serait trouvé si le préjudice n’avait pas eu lieu. À cet égard, la question pertinente n’est pas de savoir si la demande d’indemnisation est acceptée ou rejetée, mais si une décision sur la question est prise en temps...

In the context of the present case, the Tribunal finds that the electronic UMOJA notifications regarding the Applicant’s time and attendance records, which were automatically sent to him on a monthly basis during the relevant four-year time period, were nothing but status updates on his leave records. None of the status updates therefore constituted separate and individual administrative decisions in accordance with art. 2.1(a) of the Dispute Tribunal’s Statute against which the Applicant must file a request for management evaluation in accordance staff rule 11.2.

Applying either evidentiary...

The Tribunal was mindful of the Organization’s “zero-tolerance” policy against sexual harassment and abuse as well as of the need for the Organization to protect its reputation and the integrity of the workplace.

The Tribunal noted that the standard required at the stage of imposing the administrative leave without pay ("ALWOP") is not “clear and convincing evidence” but “reasonable grounds to believe”, which is a lower standard. On balance, the Tribunal was satisfied that the initial phases of the investigation uncovered sufficient evidence to support a reasonable suspicion that the Applicant...

A staff member’s duty to abide by managerial instruction lies at the heart of employment relationships and the Tribunals are expected to accord a measure of deference to managerial authority, including in setting performance standards (see, Applicant 2020-UNAT-1030, para. 34).

The Applicant has not demonstrated any procedural or substantive breach of his rights. In the absence of any evidence that the performance standards applied by UNICEF are manifestly unfair and irrational, the Tribunal cannot substitute its decision for that of the decision-maker to overturn the contested decision.

Accordin...

The Tribunal decided to dismiss the application.

In the light of the facts established and the finding of misconduct, the three allegations mentioned in the sanctioning letter, relating to ‘sexual molestation’, constitute ‘serious misconduct’ under the terms of paragraph (b) of Staff Regulation 10.1. In addition, under paragraph (a) of Rule 10.2 of the Staff Rules, on the basis of which the sanction was imposed, dismissal is a possibility.

Dismissal is one of the most severe sanctions that can be imposed in an administrative or employment matter. However, a more lenient sanction would leave open...

The Tribunal found that the Respondent was not able to demonstrate that the facts on which the disciplinary measure was based were established by clear and convincing evidence, as otherwise required by the Appeals Tribunal in its jurisprudence.

Having found that the facts on which the disciplinary measure was based had not been established by clear and convincing evidence, the Tribunal also found that there was no established misconduct by the Applicant.

Given the finding of absence of misconduct by the Applicant, the Tribunal also rescinded the sanction imposed on him.

The Tribunal noted that, as stipulated in sec. 5.1 of ST/AI/2017/1, “OIOS retains the ultimate authority to decide which cases it will consider and shall determine whether the information of unsatisfactory conduct received merits any action”.

Accordingly, the Tribunal found that the contested decision was lawful.

As the decision by OIOS not to open an investigation was found to be a lawful exercise of the Administration’s discretion, there was no basis for the referral of this case to the Secretary-General for possible action to enforce accountability.

It is not in dispute that the Applicant received notice of the contested decision on 8 May 2023 and that he only sought management evaluation in respect of the contested decision on 2 May 2024, approximately one year later. Since the management evaluation request was submitted outside of the statutory 60-day deadline stipulated in staff rule 11.2(c), the application is non-receivable ratione materiae (see, also, Christensen 2013-UNAT-335).

The Respondent’s motion for summary judgment was granted.