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The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT¡¯s analysis of the applicable legal framework governing the education grant, specifically the costs admissible for reimbursement, had been erroneous and the ±¬ÁÏÍøDT had exceeded its jurisdiction when it found the promulgation of the amended administrative instruction unlawful. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had failed to provide the reasons, facts and law on which it had based its Judgment.

The ±¬ÁÏÍøAT held that the fees which were clearly intended to cover extra-curricular activities or general non-academic services, and were not intended to cover administrative...

The ±¬ÁÏÍøAT found that beyond reporting the possible prohibited conduct concerning non-compliance with the United Nations financial rules and regulations to the Office of Internal Oversight Services, the staff member had no further interest in law in the conduct of the investigation or its outcome. The ±¬ÁÏÍøAT further agreed with the ±¬ÁÏÍøDT that there was no basis for his assertion that OIOS had declined to conduct an investigation into his report. The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT had not erred in finding the application concerning this decision not receivable.

Regarding the staff member¡¯s complaint of...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that it was established that the former staff member diverted funds contributed to the United Nations Staff Union to support ±¬ÁÏÍø Staff Day to the United Nations Athletic Club (±¬ÁÏÍøAC). The ±¬ÁÏÍøAT affirmed that even if the former staff member did not obtain personal gain, she misused her office for the private gain of a third party, the ±¬ÁÏÍøAC, which constituted misconduct.

The ±¬ÁÏÍøAT held that irrespective of what the former staff member¡¯s work environment was like, it cannot justify misconduct.

The ±¬ÁÏÍøAT further held that any form of dishonest...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The ±¬ÁÏÍøAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member¡¯s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member¡¯s ±¬ÁÏÍøJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

The ±¬ÁÏÍøAT noted that ABD¡¯s appeal was filed within 60 days of the Order¡¯s issuance, but more than 30 days after that event. Given that under Article 7(1)(c) of the ±¬ÁÏÍøAT Statute, a party has 30 days to appeal an order, ABD was out of time to appeal against the impugned ±¬ÁÏÍøDT Order.

The ±¬ÁÏÍøAT dismissed the appeal as not receivable.

The ±¬ÁÏÍøAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The ±¬ÁÏÍøAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the ±¬ÁÏÍøAT found that her ±¬ÁÏÍø experience was used to disadvantage her. The ±¬ÁÏÍøAT also...

The Tribunal reviewed the supporting documents filed by the Applicant and understood that she was facing personal circumstances that affected her ability to review court documents and prepare submissions as a self-represented Applicant. The Tribunal was also mindful of the Applicant¡¯s right of access to the internal system of justice. At the same time, the Tribunal could not continue extending routine filing deadlines and delay the proceedings indefinitely.

The Tribunal considered that the interests of justice, including those of both parties, obliged it to adjudicate the case as expeditiously...

The Tribunal noted that, as stipulated in sec. 5.1 of ST/AI/2017/1, ¡°OIOS retains the ultimate authority to decide which cases it will consider and shall determine whether the information of unsatisfactory conduct received merits any action¡±.

Accordingly, the Tribunal found that the contested decision was lawful.

As the decision by OIOS not to open an investigation was found to be a lawful exercise of the Administration¡¯s discretion, there was no basis for the referral of this case to the Secretary-General for possible action to enforce accountability.

The Tribunal found the application to be receivable on the basis that a negative performance rating does produce legal consequences for the affected staff member and is reviewable.

In the Tribunal¡¯s view, the Respondent failed to show that the USG engaged the Applicant in a proper performance discussion or provided sufficient feedback of a performance shortcoming as required by secs. 7.1, 7.2 and 10.1 of ST/AI/2021/4. he Tribunal found no evidence of a discussion between the USG and the Applicant which could be classified as a performance milestone discussion, one which sets out clear targets...