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“a clear organisational need” exists for filling “the post of a Real Estate Investment Officer” at the P-3 level with the UNJSPF; b. (...) It follows from an email of 4 October 2019 appended to the application for suspension of action that the Applicant was hired temporarily against the post of an “Investment Officer” to replace an incumbent who was going on maternity leave. (...) The Tribunal further notes that the recruitment for the position as a “Real Estate Investment Officer”, which apparently has not even been approved by the General Assembly, seems to be entirely unrelated to the post that the Applicant was recruited against, namely the post as an “Investment Officer”.

The lease was between the Applicant and a company called Kudiabor Investment Ltd. Mr Anyetei was part owner and a director of Kudiabor Investment Ltd. (...) This property was also owned by Kudiabor Investment Ltd. The Applicant received USD27,792.47 in subsidy for her tenancy at that property. (...) Her explanation, it seems, was that she was unaware of the extent of her husband’s dealings in Kudiabor Investments Ltd. 54. The Tribunal finds the Applicant’s explanations implausible.

The Applicant is one of two Directors at the D-1 level in the Investment Management Division (“IMD”) of the United Nations Joint Staff Pension Fund (“UNJSPF”) in New York. On 19 March 2015, he filed an application contesting the decision, allegedly made by the Representative of the Secretary-General (“RSG”) for the Investments of the UNJSPF, to include as one of the requirements in the Job Opening (“JO”) for an advertised D-2 level post of Director, Investment Management, IMD, that candidates must hold Chartered Financial Analyst (“CFA”) certification. (...) On 5 June 2015, the Applicant applied for the D-2 position of Director, Investment Management advertised through the new JO. 37.

On the other side of the coin, the Organization has had the advantage of investing the sum which it should have paid to the applicant and, accordingly, has made a profit at his expense. 14. (...) However, if the bank bill rate is the only parameter, an applicant might well still be out of pocket, since the money may well have been conservatively invested in a way that yielded a higher return. Accordingly, a figure to reflect the potential return achievable on conservative investment other than bank deposit is conventionally added.

On 23 June 2017, the Applicant, a staff member serving as Deputy Director for Investments at the D-1 level, step 8, in the United Nations Joint Staff Pension Fund (“UNJSPF”) in New York, filed an application contesting, “[t]he decision by the Director of the Investment Management Division to impose a disguised disciplinary measure on [him] by issuing a note as part of [his] official record, constituting a written reprimand in violation of [his] right, […] and refusing to withdraw the note and in addition to include this information in [his] performance records through the misuse of the performance management system”. 2. (...) This is the first procedural act by which an applicant invests the Tribunal of dealing with the appeal.

The above objectives are achieved through investment of the Fund’s assets, which are derived from contributions made by the participants and the concurrent contributions by member organizations. (...) These are monthly contributions, and together with yields from investments, deficiency payments, and receipts from other sources make up the assets of the Fund. 5. (...) Timely payments allow the Fund’s managers to make profitable investments. These yield financial dividends and the Fund grows, for the benefit of its participants.

Former Area Staff Rule 106.1.16 provides: (D) The Commissioner-General shall also declare and cause to be published each month a special interest rate to be applied to the accounts of separating participants in the manner described below:- (i) In declaring this special interest rate each month, the Commissioner-General shall take account of the investment performance of the Provident Fund assets as reflected in the reports by the Global Custodian and the estimated results of the Provident Fund Humanitarian Repayable Withdrawals scheme, for the period between the first day of the year immediately following the year covered by the last declared interest rate under (A) above, up to but not including the month in which the special interest rate is declared; he/she shall also take account of the requirements of paragraph 19 of this rule. (ii) The last published special interest rate shall be applied to a separating participant’s account for the period between the first day of the year immediately following the year covered by the last declared interest rate under (A) above, up to and including the month immediately preceding payment. *** (E) The interest rates referred to above may be positive, nil, or negative, depending on the assessment of investment performance. 21. This was clearly the correct rule to apply in calculating the interest applicable to the Appellant’s payout, and the UNRWA DT did not err in this regard. 22. (...) On the facts, the loss she complains of was not caused by any action of the Secretariat, but rather by the poor investment performance of the Provident Fund. 25.

Having been denied the effective right to pursue a career within the Organization at a level corresponding to his qualifications, he has lost the investment into his education. He therefore requests that the Organization reimburse the costs for his education. (...) Certainly, he did not suffer the loss of his investment into his own education as a professional, a benefit that he acquired irrespective of any examinations or competing processes that he could have attended or actually attended. (...) Moreover, the cost of the investment was not determined by the Administration. 31.

Having been denied the effective right to pursue a career within the Organization at a level corresponding to his qualifications, he has lost the investment into his education. He therefore requests that the Organization reimburse the costs for his education. (...) Certainly, he did not suffer the loss of his investment into his own education as a professional, a benefit that he acquired irrespective of any examinations or competing processes that he could have attended or actually attended. (...) Moreover, the cost of the investment was not determined by the Administration. 31.

On 19 March 2015, the Applicant, Director at the D-1 level, Investment Management Division (“IMD”) at the United Nations Joint Staff Pension Fund (“UNJSPF”) in New York, filed an application on the merits, under art. 2.1 of the Dispute Tribunal’s Statute, contesting the decision allegedly made by Ms. (...) The MEU learned that the CFA exception was granted because the future incumbent will be in charge of managing all investments of the [IMD], which are valued at USD 53 billion. (...) By Application dated 20 March 2015, the Applicant challenges the education requirements in the job opening for the D-2 position of Director, Investment Management, United Nations Joint Staff Pension Fund (UNJSPF) (Job Opening No. 15-INV-UNJSPF-38429-R-NEW YORK (R)).