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UNDT/2019/047

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UNDT/2019/047, Mohamed

UNAT Held or UNDT Pronouncements

The decision not to select the Applicant because of her rejection of the ICSC Chairman’s sexual advances constitutes its own distinct issue. The separate and independent issue of whether the selection process was tainted by the Applicant having allegedly rejected sexual advances of the ICSC Chairman has not been the subject of management evaluation to date as otherwise required by staff rule 11.2(a).

Decision Contested or Judgment/Order Appealed

Non-selection for a P-5 post at the ICSC.

Legal Principle(s)

The Dispute Tribunal is competent to raise a receivability issue on its own initiative. All claims and/or allegations must undergo management evaluation since this is mandatory for the issue at stake under staff rule 11.2.

Outcome
Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Mohamed
Entity
ICSC
Case Number(s)
UNDT/NY/2017/005
Tribunal
UNDT
Registry
New York
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Staff selection (non-selection/non-promotion)
Applicable Law
Staff Rules