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The ±¬ÁÏÍøAT held that the Administration did not act unreasonably or unlawfully in requiring the staff member to work from the office two days per week. It further held that relevant considerations, including the staff member¡¯s personal and medical circumstances, were taken into consideration, and irrelevant considerations were excluded. The ±¬ÁÏÍøAT also found that there was no obligation on the Administration to establish that the requested accommodations represented a disproportionate or undue burden on the workplace.

The ±¬ÁÏÍøAT also found no merit in the staff member¡¯s argument that the lack of...

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 noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The ±¬ÁÏÍøAT found that the case was not one where the issues required the ±¬ÁÏÍøDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a ±¬ÁÏÍøDT hearing had not affected its decision. The ±¬ÁÏÍøDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the lawfulness of the...

The ±¬ÁÏÍøAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The ±¬ÁÏÍøAT found that the case was not one where the issues required the ±¬ÁÏÍøDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a ±¬ÁÏÍøDT hearing had not affected its decision. The ±¬ÁÏÍøDT appropriately considered the former staff member's admissions, as well as the video clip...

The ±¬ÁÏÍøAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context. This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member¡¯s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...

The ±¬ÁÏÍøAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the ±¬ÁÏÍøAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the ±¬ÁÏÍøAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The ±¬ÁÏÍøAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the ±¬ÁÏÍøAT.

The ±¬ÁÏÍøAT dismissed the application for revision.

Accountability Referral: The ±¬ÁÏÍøAT noted...

The ±¬ÁÏÍøAT held that Mr. Kankwenda, a late participant in the ±¬ÁÏÍøJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971. This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda¡¯s children and the identities of their mothers. The ±¬ÁÏÍøAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda¡¯s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...

The ±¬ÁÏÍøAT noted that the essence of the administrative decision had been that the staff member was not entitled to cashed-up unused annual leave from a second appointment taken up within 12 months of relinquishing a first appointment after which such leave had been commutated.

The ±¬ÁÏÍøAT observed that the staff member¡¯s request for management evaluation referred to the Administration¡¯s alleged ¡°continued failure¡± to compensate him the commutation of annual leave. The ±¬ÁÏÍøAT found that the reference reinforced a conclusion that it had been the consistent decision conveyed to him over several months...

The ±¬ÁÏÍøAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the ±¬ÁÏÍøAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The ±¬ÁÏÍøAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches ¡°for several years¡± and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The ±¬ÁÏÍøAT noted that the staff member had requested to be reclassified at Grade HL7 in her e-mail dated 2 January 2017 and her subsequent communications had been reiterations of that request.

The ±¬ÁÏÍøAT held that the Administration should compensate the actual loss of income the staff member incurred from the moment her reclassification should have been implemented. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøWRA DT had appropriately considered the time limit of six months reasonable. The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøRWA DT had not erred in law or fact in holding that she should be paid the difference in salary and...