±¬ÁÏÍø

The Applicant¡¯s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client¡¯s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...

The Tribunal noted that in accordance with ST/AI/2018/1, eligibility of international staff members for education grant in respect of their children is to be determined by inter alia the conditions that: a) the child is in full-time attendance at an educational institution at the primary level or above, and b) the child is five years of age or older at the beginning of the academic year, or the child reaches the age of five within three months of the beginning of the school year. The Tribunal found that ±¬ÁÏÍøICEF correctly considered that at both periods for which the Applicant applied for...

Article 13 of the applicable Appendix D requires the ABCC to make its determination ¡°on the basis of reports obtained from a qualified medical practitioner or practitioners¡±. The scope of the ABCC¡¯s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above). As convincingly explained by the Applicant¡¯s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it¡ªPTSD is per definition a post traumatic...

The Tribunal found that the contested decision was unlawful based on the Respondent¡¯s admission that ¡°although there were legitimate reasons to abolish the Applicant¡¯s post, the decision to do so, which led to the non-extension of her appointment [¡­] was based, in part, on flawed considerations¡±. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. Remedies The Tribunal noted that the Applicant worked as an Operations Manager, at the NO-C level, in the ±¬ÁÏÍøICEF Morocco Country Office. She worked on a fixed-term appointment since February 2010...

The Administration informed the Applicant that ¡°it will issue an administrative reprimand¡±. The request for management evaluation was made within 60 days of that communication and the application is therefore receivable even if the actual reprimand was issued months later. The Administration decided that the Applicant did not exercise her discretion and regulated her conduct ¡°with the interests of the United Nations only in view¡± and the expression of her personal views. While there is no specific rule requiring the Applicant to consult with ±¬ÁÏÍøICEF before expressing her personal views, that...

The Applicant was not entitled to an increase in step, therefore, the Administration had the right to the correction of an error, and it did not constitute a retroactive application of rules and regulations. The Administration lawfully recovered the overpayment of entitlements resulted from an administrative error.

The information in the documents on record pointed to purely work-related disagreements between the Applicant and her supervisor. The Tribunal rejected the complaint that ±¬ÁÏÍøICEF¡¯s Deputy Executive Director, Management (DED/M) did not take into consideration the facts in their entirety and misunderstood her statements when conducting the management evaluation. The Tribunal agreed with the finding that there was no evidence of abuse of authority or deliberate misrepresentation of facts by the Applicant¡¯s supervisor. The Tribunal held that the Applicant¡¯s complaint did not raise any impropriety...

The Tribunal¡¯s role is not to substitute its decision for that of the Administration when it comes to the evaluation of job candidates. All that is required from the Administration is that it minimally shows that the Applicant¡¯s candidature was given a full and fair consideration. The applicable legal framework allowed the consideration of gender and geographical diversity in the recruitment process.

Considering that the Respondent did not contest the merits of the allegations as set out in the applications, the Tribunal found that the contested decisions, i.e., to remove the Applicant from his position, to place him on SLWFP and not to renew his appointment were unlawful. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. The Tribunal considered that the decision to remove the Applicant from his position was, in fact, subsumed in the ultimate decision not to renew his fixed-term appointment. Therefore, having found that both decisions...

The Applicant was sanctioned for: (a) misuse of ±¬ÁÏÍøICEF¡¯s ICT resources and (b) harassment and abuse of authority in relation to her treatment of some vendor employees. Whether the facts on which the disciplinary measure was based have been established Since the Applicant does not dispute the underlying facts of the first charge (access of former personnel's ICT resources without authorization), the Tribunal finds that these facts have been established to the required standard. Regarding the second charge, the Tribunal finds that the evidence establishes the following facts: a. The Applicant...