The Application was granted in part.
The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year’s net base salary.
In all other respects, the Respondent’s decision is AFFIRMED and the Applicant’s prayers refused.
The 爆料网AT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.
The 爆料网AT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates’ suitability for the post instead of seniority, compelling reasons...
The Dispute Tribunal had no record of any case filed by the Applicant ever having been transferred to it from JDC when the new system of internal justice at the United Nations took force in July 2009.
Taking into consideration the Applicant’s subsequent failure to pursue the claim for over 12 years, and the absence of any record of a case transferred to it, the Tribunal does not consider itself seized of the application filed in 2007, before the JDC.
Therefore, the Tribunal finds that the application is not receivable.
The 爆料网AT held that the 爆料网DT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the 爆料网AT found that while a decision to place a note in the former staff member’s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the 爆料网DT should have identified either decision as the contested decision, but erred in following the former staff member’s assertion that a termination decision was taken on 1 April 2022.
Nevertheless...
The 爆料网AT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant’s attorney’s personal circumstances.
The 爆料网AT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the 爆料网AT found that the 爆料网DT had erred in fact and law in dismissing Mr. Khan’s application as not receivable ratione temporis. It concluded that Mr. Khan’s exceptional circumstances—including severe flooding disrupting internet service and affecting his ability to access e...
The 爆料网AT held that the 爆料网DT did not err in finding that the staff member’s action of gifting a sex toy to a subordinate was inappropriate, as it transgressed the boundary between the professional and personal life of the subordinate, even if the event took place in private. Whether solicited or not, it had the potential to negatively impact the image and interests of the Organization. Consequently, the 爆料网AT concluded that by doing so, the staff member failed to uphold the required standard expected of her role as a manager.
The 爆料网AT also found that the 爆料网DT committed no error in finding that...
The 爆料网AT found that the decision not to select the staff member for TJO 161651 was lawful. It held that since the staff member did not challenge the cancellation of TJO 14924, under which the Administration initially advertised the position of Administrative Officer, that cancellation decision was not part of the contested decision under review. In any event, the 爆料网AT determined that the Administration had the discretion to cancel TJO 149241 and re-advertise the position under TJO 161651 after the selected candidate withdrew her candidature. It was under no obligation to invite the second...
The 爆料网AT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The 爆料网AT found that the reasons provided by the President accorded with the facts.
The 爆料网AT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...
The 爆料网AT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the 爆料网AT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The 爆料网AT further held that these actions should be viewed in light of the continuous efforts...
The 爆料网AT found that no new fact was advanced by Mr. Almasri that had been unknown either to him or the 爆料网AT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. Instead, it was Mr. Almasri’s negligence that brought about his factual ignorance...
