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The Applicant joined the United Nations Economic Commission for Africa (UNECA) in February 1995 as Chief, Building and Commercial Services Unit, Administration and Conference Services Division, at the P-4 level. He subsequently served on a series of contracts with ECA until November 1997, when he received a fixed-term appointment as Chief, Building Management and Commercial Services Unit (known as the Facilities Management Section (FMS)).

The next day, 26 January 2016, UNON’s Chief of Commercial Operations referred the matter by email to the Chief Investigations Section of the UN/OIOS office at UNON requesting that he initiate an investigation of the incident. (...) Instead they relied entirely on the unsubstantiated allegations made by the IDF Manager in his complaint to the Chief Commercial Operations Unit. The said manager was not interviewed by the investigators. 21. (...) There are areas of law such as Tort and Commercial practice where persons may be liable, because by virtue of their position, they ought to have known or are deemed to know certain facts.

The Job Opening for Chief, Service Delivery, GJO 45021 stated the following work experience requirements for the position: A minimum of fifteen years of progressively responsible experience managing complex service delivery and/or diverse logistics operations in military, commercial or international organisations. Management experience and technical leadership skills in a complex environment is required. (...) The USG/DM stated further that given the complexity and seniority of the position of Chief, Service Delivery, it was decided that, when determining whether candidates met the requirement of “managing complex service delivery and/or diverse logistics operations in military, commercial or international organizations”, the Personal History Profiles (“PHPs”) of candidates would be reviewed to ascertain if they had a minimum of 15 years of experience in at least three of the twelve service areas outlined in such Guidance. (...) The Tribunal finds that a minimum of fifteen years of “progressively responsible experience managing complex service delivery and/or diverse logistics operations in military, commercial or international organisations” is significantly different than a minimum of 15 years of “experience in at least three of the twelve service areas outlined in the USG/DFS”.

The Applicant contests the job opening for a D-2 position posted on the United Nations electronic system, Inspira, on the grounds that, inter alia, it is discriminatory as the required American commercial certification favours American males at the expense of candidates from other member states, and is contrary to the General Assembly Resolution requiring consultation with the UNJSPF Investment Committee and Chief Executive Officer. 2.

Page.21, para 48 4 Lesage v The Mauritius Commercial Bank Ltd, Privy Council Appeal 0027 of 2011 (2012) UKPC 41 Case No. (...) Judges do not judge 5 Ibid at para 46 and Porter v Magill [2001] UKHL 67, [2002] 2 AC 357. 6 Gillies v Secretary of State for Work and Pensions (Scotland) [2006] UKHL 2, [2006] 1 All ER 731, para 17. 7 See also Lesage v The Mauritius Commercial Bank Ltd at para 49. 8 Hauschildt v Denmark, judgment of 24 May 1989, Series A No. 154.

It is unclear whether the valuation was for the lease of residential property owned by a landlord seeking a commercial return on investment or took account of the special nature of the UNDP/Gambia’s role as caretaker landlord. (...) Lekoetje further submits that the issue of determining the rent based on market value is false, because market value was only relevant for commercial rentals of property by UNDP. The RR’s residence is a government-owned property used for the accommodation of the RR, and not for profit and especially not for the UNDP’s profit.