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UNDT

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UNDT/2025/089, Assamis Compaore

The Victim clearly had a motive not to tell the truth before the Tribunal. And she had an interest in the outcome of this case since continued payments fromthe Applicant depended on his continued employment with the United Nations in Congo. She even agreed that she was concerned about how she would survivewithout financial support from the Applicant. For all these reasons, the Tribunal did not find her testimony in court to be credible and relied instead on the statements she made before the Applicant’s payments. A similar analysis applied to the Applicant’s testimony. He too had an obvious...

UNDT/2025/060, Applicant

The disciplinary decision was based on two allegations: first, that the staff member committed a physical assault during a domestic dispute; and second, that the staff member failed to immediately report an arrest and criminal proceedings to the Secretary?General, contrary to staff rule 1.5(d). Regarding the assault allegation, the Tribunal found the evidence sufficient and compelling. It relied on contemporaneous police records, a judicial order of protection identifying the staff member as the aggressor, photographic evidence of injury, consistent sworn statements obtained during the...

UNDT/2025/054, Kebede

The Tribunal rescinded the decision not to select the Applicant for Job Opening # 214053 due to unlawful bias, with an alternative to pay Applicant two years of the difference in pay between his current position and the would have been new post, had he been selected in the challenged process.

Persuant toArticle 10.8 of the Dispute Tribunal Statute the Respondent’s counsel is referred to the Secretary-General of the United Nations for possible action to enforce accountability for his false statement and related misconduct in these proceedings, and to his national bar authority for such...

UNDT/2025/064, Iacovino

Receivability

After considering the evidence on record, the Tribunal found that the challenge to the decision to abolish the Applicant’s post and terminate his continuing appointment was not receivable. It held that the only matter before it was the decision not to extend the Applicant’s employment to cover his sick leave, but instead to terminate his appointment and separate him while he was on certified sick leave.

Merits

First, the Tribunal assessed whether the Applicant was on certified sick leave at the time of his separation on 31 December 2023.

Although sick leave was not formally recorded...

010 (NBI/2024), Nelson Mutsoli
  • Appealed

The Court held that the application was not admissible because none of the elements that justified a stay of action were present. The Court held that the administrative measure was moot and inadmissible because the contested administrative measure had been explained and an additional step had been taken to eliminate any possibility of prejudice to the appeal.

002 (NBI/2024), Francis Fultang
  • Appealed
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...
007 (NBI/2024), Jean-Joseph Henry
  • Appealed
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...
002 (GVA/2024), Torres Sibille
  • Appealed
The Applicant argued that the contested decision was prima facie unlawful on two grounds: The justification for abolishing her post was false and misleading. UNAMA had created a legal expectation of contract renewal. Regarding the first claim, the Tribunal held that a staff member’s disagreement with the rationale behind post abolition does not render the decision unlawful. Additionally, while UNAMA officials could have been more transparent when the Applicant sought clarification, their lack of candor—though unfortunate—did not amount to unlawfulness in the decision not to renew her...
022 (NBI/2025), Cynthia Cline
  • Appealed
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.