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Compensation in lieu is ¡°not related at all to the economic loss suffered¡± (see Nega 2023-±¬ÁÏÍøAT-1393,para. 62) and there is no duty to mitigate loss as a precondition for receiving in lieu compensation (see Zachariah 2017-±¬ÁÏÍøAT-764). It is, according to the Tribunal¡¯s Statute, an option that the Respondent can take instead of reinstating the Applicant in the service. Therefore, pecuniary loss or gain is not a relevant factor.

Consistent with the requirement to act fairly, justly and transparently, the Respondent bears the burden to show that the Applicant did not possess the core and functional...

The ±¬ÁÏÍøAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant¡¯s attorney¡¯s personal circumstances.

The ±¬ÁÏÍøAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had erred in fact and law in dismissing Mr. Khan¡¯s application as not receivable ratione temporis. It concluded that Mr. Khan¡¯s exceptional circumstances¡ªincluding severe flooding disrupting internet service and affecting his ability to access e...

The Tribunal noted that the evidence before it indicated that the contested decision was contained in a letter dated 21 May 2024. On 30 May 2024, the Chief of the ±¬ÁÏÍøICEF Field Office (¡°CFO¡±) met with the Applicant to hand-deliver the sanction letter to the Applicant, but the Applicant did not sign a declaration of receipt. As a result, the CFO noted, ¡°Document read to staff on 30/05/2024, who then refused to acknowledge receipt of the letter¡±. On the same day, the Administrative Law Unit sent the contested decision to the Applicant via email.

The Tribunal further observed that the Applicant...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the disciplinary measure imposed was lawful.

The ±¬ÁÏÍøAT rejected the former staff member¡¯s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The ±¬ÁÏÍøAT held that this argument was not admissible, as it had already been presented before the ±¬ÁÏÍøDT.

In any event, the ±¬ÁÏÍøAT determined that the decision from DWB constituted a...

The ±¬ÁÏÍøAT held that the application for revision had no merit. The ±¬ÁÏÍøAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The ±¬ÁÏÍøAT noted furthermore that the applicant¡¯s submissions essentially repeated or added to the same arguments that she had raised before the ±¬ÁÏÍøAT in the prior proceedings.

In addition, the ±¬ÁÏÍøAT pointed out that in failing to comply with the Order in which the ±¬ÁÏÍøAT granted in...

The Tribunal found that the Applicant engaged in multiple actions which amounted to serious misconduct. Therefore, his conduct not only displayed a serious failure to uphold the minimal standards of integrity conferred on an international civil servant, but it also displayed a flagrant disregard of the rules of the Organization. The Applicant¡¯s conduct undermined the trust and confidence placed in him by ±¬ÁÏÍøICEF. Such trust and confidence are essential for the continuation of an employment relationship. In these circumstances, the Tribunal considered that it was appropriate for ±¬ÁÏÍøICEF to end...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The ±¬ÁÏÍøAT also concluded that the ±¬ÁÏÍøDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The ±¬ÁÏÍøAT observed that the former staff member himself identified this decision in both his ±¬ÁÏÍøDT application and his management evaluation...

The ±¬ÁÏÍøAT held that the staff member did not fulfil the requirements for revision of the prior ±¬ÁÏÍøAT Judgment. The ±¬ÁÏÍøAT found that no new fact was advanced by the staff member that had been unknown either to him or the ±¬ÁÏÍøAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. The ±¬ÁÏÍøAT was of the view that his application for revision amounted to a restatement of the material already placed before the ±¬ÁÏÍøAT, which had been considered and rejected, and constituted an attempt to have the appeal, which had been disposed of, re-heard de...

The Applicant¡¯s Counsel¡¯s email of 12 June 2023 did not reset the time limit for allowing the Applicant to contest all of her supervisor¡¯s comments in her PER, nor was it capable of suspending the time limit, given that the Applicant¡¯s deadline for contesting all of her supervisor¡¯s comments expired before the discussion of 12 June 2023. And as was submitted, it was a proposal in the context of inter partes discussion that did not involve the Office of the Ombudsman.

Since the Applicant got the relief which she sought regarding the one aspect of the PER which she subjected to management...

There is sufficient documentary evidence on record showing that the Applicant was properly made aware of the performance shortcomings he needed to address and improve. He was placed on a PIP that was structured and designed specifically for him, and he was provided with adequate support and guidance to improve.

Having identified, documented, and addressed the Applicant¡¯s performance shortcomings through the applicable rules, the decision not to renew his FTA based on unsatisfactory service, taken after the Applicant was found not to have improved his performance despite being given the...