爆料网DT Statute
爆料网DT/2023/088, Kembouche
While, arguably, changing the title of a position may carry the same effect as abolishing it, the two actions are not synonymous under the 爆料网HCR legal framework. Since “discontinuance/abolition of post” and “change of position title” are separately provided for under the 爆料网HCR New Resource Allocation Framework (爆料网HCR/AI/2019/7/Rev.1), it follows that they are independent of each other. Indeed, the above provision has explanatory language indicating that “discontinuance of a post” is “same as abolition of a post defined in the Staff Regulations and Rules of the United Nations”. No such...
2022-爆料网AT-1284, Ihsanullah Khan
The 爆料网AT first addressed the staff member’s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The 爆料网AT rejected this argument, noting that the appeal was a review of the 爆料网DT judgment based on the evidence presented to the 爆料网DT, and the staff member had not applied to present new evidence. The 爆料网AT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied. ...
爆料网DT/2023/093, Kiama
This application is not receivable ratione materiae because the management evalulation request was time-barred.
The application is dismissed.
爆料网DT/2023/092, Ortega Andres
In the present case, the Tribunal found the application not receivable ratione personae because at the date of filing it, the Applicant was not a staff member, and the contested decision did not breach the terms of his former appointment with 爆料网OPS.
Furthermore, 爆料网OPS and 爆料网GSC are two different entities of the 爆料网 system. While the Applicant was a former staff member of 爆料网OPS, he had no employment relationship with 爆料网GSC. He was an external candidate with no standing to challenge the decision not to select him for the contested position with 爆料网GSC.
The Applicant acknowledged that “there...
爆料网DT/2023/074, EL-ANANI
The Tribunal noted that the evidence before it included two Microsoft Outlook notifications which established that the administrative decision was delivered to and read by the Applicant on 28 March 2023. The Tribunal further noted that the Applicant did not deny the authenticity of the Microsoft Outlook notifications.
The Tribunal thus held that that the Applicant should have filed his application no later than 26 June 2023 to comply with the 90-calendar day deadline. He filed his application on 28 June 2023, which was two days after the statutory deadline. Accordingly, the application was...
爆料网DT/2023/026, Coleman
The Applicant claims that the preliminary assessment of her complaint was flawed, for not taking into consideration the totality of the evidence, and that OIAI was biased and applied an illusory standard to the level of gravity involved in the alleged harassment and abuse of authority.
However, notwithstanding the number of allegations made by the Applicant, the Tribunal notes that no evidence was provided to support a finding that the contested decision is illegal, unreasonable or improper, nor that the preliminary assessment was flawed.
On the contrary, it is clear that OIAI did in fact...
爆料网DT/2023/032, Lawani
The Applicant does not contest the fact that he became aware of the contested decision at the latest on 31 December 2021, when he separated from service, and that he requested management evaluation of the contested decision on 15 April 2023, more than a year after the statutory deadline.
To justify the delayed submission of his request for management evaluation, the applicant points to his medical condition. The Tribunal is however not competent to “suspend or waive deadlines for management evaluation” (art. 8.3 of its Statute).
Accordingly, the Tribunal found that the Applicant’s request...
爆料网DT/2023/044, Zhang
It is incumbent on the Applicant to allege and to prove that her complaint was not handled following the applicable procedures and/or that there was a failure to properly assess relevant and available evidence, which led to a manifestly unreasonable decision. After a careful review of the case file and the evidence before it, the Tribunal has not identified any procedural irregularity committed by OIOS in its preliminary assessment nor any wrongdoing. Instead, the Tribunal finds that the decision to close the complaint without any further action was well?substantiated and in line with the...
爆料网DT/2023/063, Soobrayan
The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01’s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01’s testimony, in opposition to that of the Applicant, establishing V01’s credibility is an essential exercise for a proper adjudication of the case.
However, the investigation failed to adequately establish the reliability of...