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1) With regard to Case No. ±¬ÁÏÍøDT/NBI/2015/058, the Tribunal declined to entertain decisions a, b and c as listed above on the ground that the Applicant had not submitted them for management evaluation as required by the provisions of articles 8.1(c ) and (i) of the Tribunal¡¯s Statute. The only decision under Case No. ±¬ÁÏÍøDT/NBI/2015/058 that the Tribunal considered was the Respondent¡¯s decision to not provide the Applicant with a copy of the investigation report in the complaint of the physical assault against him. On this issue, the Tribunal found no merit in the Applicant¡¯s case. The Tribunal...

The application was deemed premature because the Applicant failed to request management evaluation of the impugned decision.

Pursuant to ITC/EDB/2015/07, when a fact-finding panel is appointed, it shall investigate the complaint and ¡°prepare a detailed report, giving a full account of the facts that they have ascertained in the process and attaching documentary evidence¡± (sec. 5.18). The report shall be submitted to the Director, DSP, who will review it together with the related documentation and make a recommendation on the appropriate course of action to the Executive Director, ITC (see secs. 5.15, 5.18, 5.19 and 5.20). Seeking assistance from OIOS was a reasonable solution in the framework of ITC/EDB/2015/07...

The Tribunal found that clear and convincing evidence was obtained which was consistent with the Applicant¡¯s sexually exploiting local women and the impugned decision was well-founded. The Applicant had claimed that he had given his username and password to other staff members therefore, he could not be attributed the accessing and storing of the material. The Tribunal did accept this. The Applicant admitted that he had downloaded and installed the cracked software that had caused pornographic material to appear on his computer. He neither named any person with whom he shared the password nor...

Regarding the question of whether material facts were sufficiently established, the Tribunal concluded that they were sufficiently established except the allegations that the Applicant instructed other staff members to provide false information. The parties disputed whether the Applicant was a supervisor as charged. The Applicant did not fall under the category of ¡°supervisor ¡° as per the ±¬ÁÏÍøON Security and Safety Service (±¬ÁÏÍøON/SSS) SOP No 13. Undisputedly though, the Applicant carried out team leader functions and the ±¬ÁÏÍøON/SSS Daily Orders which assigned the Applicant to provide ¡°security...

±¬ÁÏÍøDT held that the Settlement Agreement was properly before ±¬ÁÏÍøDT for its enforcement. ±¬ÁÏÍøDT noted that there was no special procedure prescribed by the ±¬ÁÏÍøDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. ±¬ÁÏÍøDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. ±¬ÁÏÍøDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

The Respondent complied with the audi alterem partem principle, which ensures that a party adversely affected by an administrative decision has the right to know, the opportunity to comment on, and the ability to answer the case against him or her. The Applicant was well aware of the complaints that were lodged against him, was confronted with each claim and responded thereto, was repeatedly warned about his unprofessional behaviour and performance issues yet failed to heed to these warnings. The decision not to renew the Applicant¡¯s contract due to poor performance was lawful. The Applicant¡¯s...

The case of misconduct against the Applicant was established by clear and convincing evidence. The Appeals Tribunal has previously made findings on staff members whose occupations within the United Nations system place them in ¡°positions[s] of trust¡± and held that a breach of that trust impacts negatively ¡°on the issue of proportionality.¡± Security officers within the United Nations system similarly occupy positions of trust, charged as they are with the protection of personnel and property of the United Nations. In established cases of theft, the sanction is usually severe. The sanction of...

Neither the intial placement of the Applicant on ALWOP nor any of its extensions could be separated; each extension of the same ALWOP decision triggered a challenge; of all the previous related decisions. The challenge of any extension of the ALWOP was a challenge of the entire continuum of ALWOP, previous or supsequent. The placement of the Applicant on ALWOP fell below the required threshold for the Respondent/decision-maker to show that exceptional circumstances existed to support it. It was unjust and unlawful to place the Applicant on ALWOP for twelve consecutive months. ±¬ÁÏÍøDT ordered the...

The Applicant consistently, throughout the proceedings, admitted the fact that sometime between December 2006 and January 2007, he had stated in his job application that he had no relative working for a public international organization, even though he was aware that at the time his brother was working for the United Nations. As such, the fact that the Applicant failed to disclose relevant information when he should have, is essentially not in dispute. Whereas the Applicant insists to calls his deed an ¡°oversight¡±, it is impossible to accept. By invoking the same justifications for not...