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The UNDT failed to properly take into consideration the permissive culture at the material time. It is in evidence and not in dispute that at the material time there was a permissive culture of receiving hospitality albeit within boundaries. 25. (...) The Judgment shows that the UNDT considered the permissive culture at the time that Streb accepted “lavish hospitality” from Kohli. (...) Specifically, the UNDT noted that “[t]here was within the Procurement Division a culture of acceptance of modest hospitality from vendors”.

The field of study “Humanities” included “Cultural Studies”. 11. In evidence, Ms. Jansen, Examinations Officer, Examinations and Tests Section (“ETS”), Department of Management, told the Tribunal that in 2013 the CEB discussed in depth what an applicant would have to have studied in order to include his or her study programme under “Cultural Studies”. (...) In 2013, it was determined that new staff members who had studied “Cultural Studies” might be needed in the field of Administration, but not those who had studied languages. 46. (...) The Applicant disposes of a Bachelor of Arts in French, with Russian Studies; ten out of the fifteen courses he took in the framework of these studies relate to foreign culture, and are thus presumably acceptable as “Cultural studies” for the UN Administration; the remaining courses were in UN languages which were considered an “advantage” and “desirable” in the relevant job opening; h.

N. told him that he had had a meeting with V01 during which she had voiced some concerns about working culture and personal space but that the matter had been solved. 17. (...) In reply, V01 explained in general terms her familiarity with and preference for Scandinavian working culture and avoided mentioning the actual problems she had with Mr. (...) N.’s behaviour was not serious and she might have misunderstood it as well as the Latin American culture; and/or ii. Saying to V01 and Mr. N. that he would be displeased if they did not resolve the issue in-house between the two of them. 93.

In her interview with OIAI, V01 told the investigators that the evening of 7 February 2020, she was the master of ceremony of the programme for the cultural events and that her role involved announcing participants to the stage to perform their piece. (...) Consequently, staff members shall exhibit respect for all cultures; they shall not discriminate against any individual or group of individuals or otherwise abuse the power and authority vested in them. 49. (...) This attitude is not equivalent to a “hug” and cannot be justified as a “cultural difference” since it has clearly an underlying sexual connotation. 68.

Furthermore, the panel failed to address the more serious allegation of cultural insensitivity by asking the wrong questions. (...) In the Applicant’s official complaint of work related harassment and abuse of authority, he made extensive reference to both the rebuttal panel reports (specifically with respect to the accusation of plagiarism, lack of support, extensive negativity and cultural insensitivity) and he argued that it was expected that the investigative panel would at least interview the chairman of the two rebuttal panels, or at least a member of the rebuttal panels, but such interviews were never conducted; e. (...) Both rebuttal reports cited the fact that both reporting officers lacked cultural sensitivity towards him, who came from a developing country through a programme precisely designed to increase diversity, which is one of the core values of the United Nations.

UNDT/NY/2015/026 Order No. 139 (NY/2015) Page 3 of 3 should be encouraged as the amicable resolution of disputes is an essential component of the new system of internal justice, not only saving valuable resources of the Organization but contributing also to a harmonious working environment and culture. Conclusion 7. The Applicant having withdrawn his application pursuant to the terms and conditions of a settlement agreement between the parties, there no longer being any determination for the Tribunal to make, this file is closed.

The reasoning of the Management Evaluation Unit (MEU) promotes a culture of litigation within the organization. MEU essentially expects staff members to initiate administrative and judicial proceedings the moment they receive the slightest communication, without attempting to resolve misunderstandings directly with Human Resources. 23. (...) The Tribunal does not accept the submission of the Applicant that in this way the MEU is promoting a culture of litigation. To the contrary, as stated in Caldarone UNDT/2009/035, the role of management evaluation in the internal justice system is to allow management the opportunity to rectify an erroneous, arbitrary or unfair decision, as well as to provide a staff member the opportunity to request a suspension of the impugned decision pending an evaluation by management. 28.

In matters of employment, Article 6.1 of the International Covenant on Economic, Social and Cultural Rights provides: “The State Parties to the present Covenant recognize the right to work . . . and will take appropriate steps to safeguard this right”. 7 It is in very exceptional cases that access to a judicial body can be denied and even then there must be 6 Administration of Justice in the United Nations, A Guide to Resolving Disputes (New York, June 2009), p. 4. 7 International Covenant on Economic, Social and Cultural Rights, (New York, 16 December 1966), Art.6.1.

., the Applicant, a Political Affairs Officer at the P-4 level, step 7, with the former United Nations Stabilization Mission in Haiti (“MINUSTAH”), on a continuing appointment, filed an application for suspension of action during management evaluation pursuant to art. 13 of the Dispute Tribunal’s Rules of Procedure, requesting that: “(a) the decision to terminate [his] Continuing Appointment” and (b) the “wrongful decision taken against [him] to repatriate to [him to his] home country where there are serious political and cultural crisis characterised by indiscriminate killings and terrorist attacks” be suspended. 2. (...) The decision to repatriate the Applicant to his home country, where there is serious political and cultural crisis characterized by indiscriminate killings and terrorist attacks, is in breach of the Universal Declaration of Human Rights authored and art. 5 of the United Nations Charter; Urgency c.

C. made inappropriate comments against her Russian culture when another PSB staff member had her bicycle stolen. 16. (...) C.], made “undermining comments about her Russian culture”. When asked to provide OAIS with an example of the “undermining comments about her Russian culture”, [the Applicant] described an incident when, during a conversation regarding the disappearance of [Mrs.