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For an application to be receivable pursuant to arts. 2 and 3 of the Tribunal’s Statute, an Applicant has to contest an administrative decision alleging non-compliance with his or her contract of employment or terms of appointment.; At the time the Applicant applied for the contested post as well as at the time of the contested decision (non-selection), he was no longer a staff member. While he is a former staff member, the decision not to select him for the advertised post advertised was not linked to his (previous) contract of employment or terms of appointment with the United Nations...

UNDT found that on the date of the issuance of the disciplinary measure, as well as on the date when it was received by the Applicant, she remained subject to the Staff Regulations and Rules, which allow for the imposition of disciplinary measures. UNDT held that the facts of the case demonstrate that the Applicant’s actions were undertaken in a conflict of interest in violation of staff regulation 1.2(m). The actions also demonstrate lack of integrity in violation of staff regulation 1.2(b), which requires staff members to “[…] uphold the highest standards of efficiency, competence and...