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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the facts underlying the written reprimand were established. The ±¬ÁÏÍøAT agreed that Ms. Kamara-Joyner¡¯s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for ±¬ÁÏÍøOMS and as President of ±¬ÁÏÍøPAD. The ±¬ÁÏÍøAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The ±¬ÁÏÍøAT observed that neither party had raised whether AAQ¡¯s application was receivable before the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The ±¬ÁÏÍøAT noted that pursuant to Article 2(1)(a) of the ±¬ÁÏÍøDT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...

The Tribunal decided on its own initiative and in accordance with art. 9 of its Rules of Procedure, to adjudicate the present application by way of summary judgement.

The Tribunal noted that in accordance with art. 8.4 of the Tribunal¡¯s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant¡¯s receipt of the contested administrative decision. The Applicant filed her application on 5 March 2023 indicating that the contested decision was made in October 1995, that is, more than 27 years earlier. Consequently...

In determining the lawfulness of the contested decision, the Tribunal examined the following issues:

a) Whether the Applicant's performance was evaluated in a fair and objective manner.

The Tribunal noted that the contested decision was based on the Applicant¡¯s records for the 2019-2020 and 2020-2021 performance cycles.

The Tribunal reviewed the evidence on record and noted that during the 2019-2020 performance cycle, the Applicant was advised on multiple occasions to improve his work ethic and productivity. At the end of the 2019-2020 performance cycle, the Applicant was assessed as...

The alleged lack of decision

The Tribunal noted that if a claim is submitted timely, the Administration opens the case under the framework of Appendix D, which remains open as compensation may be awarded any time after the original incident.

The Tribunal referred to art. 2 entitled ¡°Principles of award¡± of the pre-2017 Appendix D, applicable at the time the claim was submitted, and found that for a compensation to be paid or a benefit to be granted under Appendix D, a staff member must make a specific request such as the reimbursement of medical expenses or the payment of compensation for...

Whether the Applicant is entitled to maternity leave under staff rule 6.3(a)

While the Staff Regulations and Rules of the United Nations is not a treaty, art. 31.1 of the VCLT sets forth generally accepted rules for interpreting an international document, which refers to interpretation according to the ¡°ordinary meaning¡± of the terms ¡°in their context and in the light of its object and purpose¡± (see, e.g., ±¬ÁÏÍø Administrative Tribunal Judgment No. 942, Merani (1999), para. VII; Avognon et al. ±¬ÁÏÍøDT/2020/151, para. 50; Andreeva et al. ±¬ÁÏÍøDT/2020/122, para. 64; Applicant ±¬ÁÏÍøDT/2021/165, para. 37).

The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

±¬ÁÏÍøAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

Oral hearing: Mr. Izurieta Canova applied in terms of Article 18(1) of the Rules of Procedure of the ±¬ÁÏÍøAT for an oral hearing to be held in this case. As this is a straightforward matter, not attended by any factual or legal complexity, ±¬ÁÏÍøAT did not consider that a hearing would assist in the expeditious and fair disposal of the case. For that reason, the application for an oral hearing was refused.

The question on appeal was whether the impugned recruitment cancellation decision by the Secretary-General of ±¬ÁÏÍøCTAD was a lawful and reasonable exercise of discretion?

The motive for the...

±¬ÁÏÍøAT held that Mr. Saleh¡¯s complaints of procedural unfairness were unsustainable for the reasons stated by the ±¬ÁÏÍøDT and he had not discharged the burden incumbent upon him to satisfy the Appeals Tribunal that the ±¬ÁÏÍøDT Judgment was defective in that regard. He merely repeated the untenable submissions he made before the ±¬ÁÏÍøDT.

±¬ÁÏÍøAT took note that Mr. Saleh admitted to two counts of fraud. ±¬ÁÏÍøAT then held that Mr. Saleh¡¯s conduct unquestionably damaged the trust relationship and the ±¬ÁÏÍøDT was correct to defer to the reasonable conclusion of the Administration that the damage was irreparable and...

±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, ±¬ÁÏÍøAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant¡¯s sexual harassment complaint, ±¬ÁÏÍøAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the ±¬ÁÏÍøDT made no ruling on this...