±¬ÁÏÍø

The ±¬ÁÏÍøAT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.

The ±¬ÁÏÍøAT observed, however, that the ±¬ÁÏÍøDT had accepted the staff member¡¯s averment...

The ±¬ÁÏÍøAT noted the staff member had not requested a review of the decision by the United Nations Staff Pension Committee or filed an appeal to the Standing Committee, but rather had filed a request for management evaluation and then had applied to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that, as such, he had not followed proper procedure. The ±¬ÁÏÍøAT held that there was no authority for receiving an application by the Dispute Tribunal with regards to a pension decision. The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT had not erred when it held that it did not have jurisdiction to undertake a judicial review of the contested...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance. The ±¬ÁÏÍøAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard. The ±¬ÁÏÍøAT observed that he had received ¡°partially meets performance expectations¡± for two performance cycles, and ¡°does not meet expectations¡± for the most recent performance cycle. He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...

The Applicant was under the obligation to act with a minimum level of probity, impartiality, fairness, honesty and truthfulness as required by the established facts (staff regulation 1.2(b)). Also, if it is found that an actual or possible conflict of interest arose out of these facts, the Applicant was obliged to disclose this conflict to his head of office in order to allow ±¬ÁÏÍøVMC to mitigate its impact and resolve it in accordance with its own best interests (staff regulation 1.2(m)). Finally, if the Applicant¡¯s involvement in a matter could result in an actual or potential conflict of...

The Applicant¡¯s argument that the former staff rule 3.17(b) (now staff rule 3.15) was/is relevant for purposes of computation of the time within which she should have sought management evaluation is flawed. The former staff rule 3.17(b) (now staff rule 3.15) relates to retroactivity of payments, and not to the issue of increase of step which is what her application is about.

The ±¬ÁÏÍøAT held that the staff member¡¯s attempts to reargue her case failed to identify any reviewable error in the ±¬ÁÏÍøDT Judgment, warranting alone dismissal of her appeal. In any event, regardless of the merits of her claim, the ±¬ÁÏÍøAT found that her application was time-barred under Article 8(4) of the ±¬ÁÏÍøDT Statute since she filed it 27 years after her receipt of the contested decision. Recalling that there is no authority given to either tribunal to extend time limits in these circumstances, the ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT was correct to conclude that her application was not receivable.

The...

The Tribunal concluded that the promulgation of ST/AI/2018/Rev.1/Amend.1, which restrictively redefined enrolment-related fees, did not conform to General Assembly resolution 70/244. As such, its promulgation was an abuse of the Administration¡¯s discretion and its application in reviewing the Applicant¡¯s education grant for her son was unlawful.

Accordingly, the Tribunal held that the Applicant was correct in that the fees that she claimed were admissible as tuition, in addition to being enrolment-related. Thus, the decision to deny reimbursement for those fees was unlawful.

The Tribunal...

Under the definition of fraud, the Tribunal observed that the question of the Applicant¡¯s own benefit is not a required element to establish a finding of fraud. Rather, if found that by a misrepresentation, she intentionally deceived the 2017 and 2018 Staff Days and this actually or potentially caused prejudice to the 2017 and 2018 Staff Days, this is adequate.

The Tribunal found that, in the given circumstances, the Administration acted within the scope of its authority when finding that the Applicant had committed fraud. Accordingly, as per Asghar: (a) the Applicant misrepresented the...

The Tribunal found that, in the present case, there is no dispute that the decision was unilaterally made by the administration and that it involved the exercise of a power or the performance of a statutory instrument. The dispute is on whether the decision adversely affected the rights of the Applicant and produced direct legal consequences.

The Tribunal found that the Applicant¡¯s argument that ¡°±¬ÁÏÍøOPS not only decided to charge [him], but also to maintain him in an indefinite status of ¡°charged person,¡± leaving him indeterminately prosecuted; since as¡ªat the time of the Application¡ªhe had...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The ±¬ÁÏÍøAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The ±¬ÁÏÍøAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had made an error of fact...