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The compulsory nature of education at any level is not one of the eligibility requirements for the education grant. The determining factor is the binding nature of the start of formal primary education. Paragraph 4.2(d) provides for an exception only if an earlier start of formal primary education is required by law. In other words, it creates an exception to the five-year age-based definition of ¡°primary level¡± set forth in para 4.2(c). The legal minimum level of education for education grant eligibility purposes remains the primary level.
Furthermore, the Hungarian Act on National Education...

The Applicant¡¯s request for management evaluation on 15 November 2021 against the ineligibility to the education grant for French nationals residing in neighbouring France and serving in Geneva was time- barred. As such, this aspect of the application is not receivable ratione materiae. Nevertheless, considering the circumstances of the case, the 22 September 2021 Administration¡¯s denial of the Applicant¡¯s 2020/2021 education grant claim constitutes a new administrative decision. As such, the 60-day deadline for requesting management evaluation of this decision started to run from 22 September...

Having received the notification of the disciplinary measure on 20 March 2023, the Applicant should have filed his application at the latest by 19 June 2023. The evidence on record shows, however, that the Applicant only filed his application on 21 June 2023.

In his submission dated 17 July 2023, the Applicant recognized his lateness and asked the Tribunal to exceptionally receive his application for several reasons. These reasons are not supported by evidence, and the Applicant did not explain how the alleged challenges impacted his ability to timely file his application.

While there are...

Whether the contested decision is lawful

Whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements

The Organization¡¯s duty of care towards staff during the COVID-19 pandemic

Since March 2020, when WHO declared COVID-19 as a global pandemic, the Organization has ensured that all necessary measures are in place to support the safety and health of all ±¬ÁÏÍø personnel when carrying out the functions and responsibilities entrusted to them.

The nature of the Applicant¡¯s functions may require her on-site presence, as evidenced by...

The documents on record demonstrate, by clear and convincing evidence, that the Applicant had rented out his flat in Addis Ababa to two other staff members, based on a lease with an inflated rent (and without paying agent¡¯s fees), and that the latter two used that lease to claim rental subsidy from ±¬ÁÏÍøHCR in an amount undue.

The ±¬ÁÏÍøAT dismissed the appeal. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in finding that the application was not receivable ratione personae and ratione materiae. The ±¬ÁÏÍøAT held that the refusal to investigate his complaint constituted an appealable administrative decision and the application was thus receivable ratione materiae. Furthermore, given that in this case the purported abuse was alleged to have been the improper rationale for the separation from service of Mr. Ross, as a former staff member, it was sufficiently connected to his employment to confer jurisdiction ratione personae. Turning...

±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. ±¬ÁÏÍøAT held that there was clear and convincing evidence that the Appellant used the ±¬ÁÏÍøHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

±¬ÁÏÍøAT held that some of the ±¬ÁÏÍøDT¡¯s findings were speculative, disregarded the evidence and misapplied the applicable legal framework. In particular, ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding that the staff member¡¯s conduct was not serious because it endured for a limited duration of time. He not only sexually harassed two women but sexually harassed those two women twice in quick succession. His cumulative behaviour exhibited a disposition, which in this instance caused the complainants significant discomfort and anxiety and impacted on their ongoing professional relationship with him.

±¬ÁÏÍøA...

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant¡¯s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant¡¯s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

Procedural issue: anonymity In the present case, the sensitive information regarding the Applicant¡¯s medical history and his mental health status constitutes exceptional circumstances that warrant granting anonymity. Therefore, the Applicant¡¯s name is anonymized in the present judgment. Scope of judicial review It is within the Tribunal¡¯s competence to hold a hearing or look at facts that were allegedly not before the decision-maker to determine whether relevant factors have been ignored. This is fundamentally different from a de novo investigation into the facts underlying the disciplinary...