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±¬ÁÏÍøAT dismissed the Secretary-General¡¯s appeal and granted the staff member¡¯s cross-appeal, in part. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member¡¯s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT erred in law or in failing to take into account in that calculation the probable length of Mr Dabbour¡¯s tenure in that role which was known to have been of a fixed duration of three years. ±¬ÁÏÍøAT held that, although the ±¬ÁÏÍøRWA DT in Mr Dabbour¡¯s case had recorded its conclusions on some of these considerations, it did not do so at all in respect of others making it difficult, if not impossible, to ascertain objectively how it reached the apparently modest figure of compensation in lieu of recission of USD 1,000. ±¬ÁÏÍøAT held that there was nothing to indicate why ±¬ÁÏÍøRWA DT did...

Although a series of resolutions of the General Assembly authorized the Secretary-General (provided a number of conditions were fulfilled) to reappoint under the I00 series of the Staff Rules mission staff whose service under 300 series contracts had reached the four-year limit, there had never been any legal obligation to do so. Even if the principles of Handelsman were applied to this case, no express promise for converting the appointments could be found. Furthemore the Applicants failed to exhaust internal remedies in a timely manner, since they did not initiate formal proceedings against...

The Tribunal found that was no breach of former staff rule 109.3(a) or 109.3(c) and the applicant¡¯s due process rights were respected. Outcome: Application dismissed.

Since the applicant, in a timely manner, addressed his requests to competent officials within the former system of internal justice and followed the advice received from them, it was beyond his control that he did not file his request for administrative review within the time limits; therefore, exceptional circumstances are given. In view of the provision of the letter of appointment quoted above, no termination was possible without keeping a thirty days notice period. The decision to terminate the appointment with immediate effect is in noncompliance with the applicant¡¯s terms of appointment...

A judgment in which it is decided that the summary dismissal of the Applicant was wrongful calls for a rescission of the said sanction. The Applicant had a reasonable expectation that he would remain in service beyond the date of his wrongful summary dismissal. The Tribunal refuses the request that the Applicant ought to be compensated on a P5 scale and agrees with the Respondent¡¯s argument that such an award would be merely speculative. A summary dismissal is the most severe sanction that the Respondent may impose on a staff member for serious misconduct. Judicial notice is taken of the fact...

There may be cases that take longer to be heard by the ±¬ÁÏÍøDT and that this may provide a reason justifying compensation beyond the two-year limit. This was such a case. Compensation in lieu of rescission was set at two years and 2 months¡¯ net-base salary. The Applicant¡¯s claim for compensation was excessive. It equated to over 13 years of net-base salary plus payment of a number of entitlements. Apart from being well outside the scope of compensation that might properly be ordered by the Tribunal, the Applicant¡¯s claim was predicated on the mistaken belief that but for the unlawful dismissal he...

The Tribunal awarded: (a) two years¡¯ net base salary at the P-5 level and step which she had at the date of the non-extension of her appointment on 31 March 2010, plus the applicable post adjustment and the value of any quantifiable monetary entitlements and benefits to which she would have been entitled, plus the amount corresponding to the contributions that the Organization would have made to the United Nations Joint Staff Pension Fund and to a sum which represents the difference between what she would have paid in medical insurance at the United Nations and the medical insurance she...

The Applicant applied twice for the position of Director of Investigations, Office of Internal Oversight Services (¡°OIOS¡±) (¡°the Post¡±) at the D-2 level. The Post was first advertised in a vacancy announcement in 2008 and again in 2009. A selection panel set up by OIOS recommended him as the only qualified candidate for the Post in each instance. Neither of these recommendations was approved by the Special Review Group (¡°SRG¡±) and, as a result, no appointment was made to the Post. A third vacancy announcement was issued, for which the Applicant did not apply. The Applicant submits that he...

The Applicant was engaged in an unauthorized outside activity. The Applicant¡¯s unauthorized outside activity whilst providing her personal financial gain, did not result in an actual conflict of interest as defined by the applicable rule. The investigators had an obligation, in accordance with the universal principles of natural justice, to inform the Applicant of her right to the assistance of Counsel during investigations. The doctrine of proportionality is applicable in this case to reduce the Applicant¡¯s summary dismissal to a written censure in line with the Secretary- General¡¯s practice...