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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”.
Language:English
Score: 579725.15 - www.un.org/en/internalj...at/judgments/2010-unat-080.pdf
Data Source: oaj
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.
Language:English
Score: 544183.94 - www.un.org/en/internalj...dt/judgments/undt-2015-044.pdf
Data Source: oaj
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.
Language:English
Score: 487492.1 - www.un.org/en/internalj...dt/judgments/undt-2018-005.pdf
Data Source: oaj
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.
Language:English
Score: 469304.7 - www.un.org/en/internalj...dt/judgments/undt-2016-034.pdf
Data Source: oaj
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.
Language:English
Score: 466292.14 - www.un.org/en/internalj...es/undt/orders/ny-2015-139.pdf
Data Source: oaj
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.
Language:English
Score: 459820.9 - www.un.org/en/internalj...dt/judgments/undt-2012-052.pdf
Data Source: oaj
., 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.
Language:English
Score: 459820.9 - www.un.org/en/internalj...es/undt/orders/ny-2017-236.pdf
Data Source: oaj
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.
Language:English
Score: 457703.5 - www.un.org/en/internalj...dt/judgments/undt-2016-112.pdf
Data Source: oaj
.: UNDT/2020/147 Page 14 of 19 The world is home to a myriad of different peoples, languages, cultures, customs and traditions. A genuine respect for them all is a fundamental requirement for an international civil servant. Any behaviour that is not acceptable in a particular cultural context must be avoided. However, if a tradition is directly contrary to any human rights instrument adopted by the United Nations system, the international civil servant must be guided by the latter. (...) The High Commissioner in arriving at the impugned decision failed to consider a number of factors including the cultural context as required by paragraph 40 of the ICSC Standards and ignored all exonerating evidence such as: the consensual nature of the relationship between the Applicant and JA and the sensationalized and unsubstantiated media reports.
Language:English
Score: 447667.9 - www.un.org/en/internalj...dt/judgments/undt-2020-147.pdf
Data Source: oaj
That the Respondent could not investigate this matter since the cultural context made it both difficult and inappropriate to interview the alleged victim as such a serious allegation of sexual assault in Somalia may stigmatize alleged female victims as “raped women” without prospect of getting married. Further, the safety of the alleged perpetrator is jeopardized in view of the prevailing culture of lynching or drastic punishment under Sharia law, including capital punishment. (...) Unfortunately the incident was not and could not be investigated given the prevailing cultural environment in Somalia. However much the Tribunal sympathizes with those entrusted with the duty and responsibility to investigate all allegations of sexual assault, in a society like Somalia, the Tribunal cannot jettison the basic rule of fairness when confronted with such a serious allegation. 7 Pirnea, para. 28. 8 Respondent’s Closing Submission, para. 3. 9 Id., at 19.
Language:English
Score: 445748.44 - www.un.org/en/internalj...dt/judgments/undt-2012-068.pdf
Data Source: oaj