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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.

Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member¡¯s admissions, the ±¬ÁÏÍøAT found the Complainant¡¯s account of events credible. It concluded that the former staff member¡¯s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability. The ±¬ÁÏÍøAT also held that the ±¬ÁÏÍøDT did not err in failing to give the staff member an opportunity to comment on the Secretary-General¡¯s reply as he did not file a motion for additional pleadings.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly identified that the contested decision was the Administration¡¯s decision not to reclassify his position.

The ±¬ÁÏÍøAT held that the staff member should have appealed the...

The ±¬ÁÏÍøAT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.

The ±¬ÁÏÍøAT observed, however, that the ±¬ÁÏÍøDT had accepted the staff member¡¯s averment...

The ±¬ÁÏÍøAT noted the staff member had not requested a review of the decision by the United Nations Staff Pension Committee or filed an appeal to the Standing Committee, but rather had filed a request for management evaluation and then had applied to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that, as such, he had not followed proper procedure. The ±¬ÁÏÍøAT held that there was no authority for receiving an application by the Dispute Tribunal with regards to a pension decision. The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT had not erred when it held that it did not have jurisdiction to undertake a judicial review of the contested...

The ±¬ÁÏÍøAT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements. Specifically, the ±¬ÁÏÍøAT highlighted that the Hiring Manager failed to verify if the candidates¡¯ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the ±¬ÁÏÍøAT held...

The ±¬ÁÏÍøAT held that by requesting management evaluation of the negative outcome of the reclassification process, the staff member breached procedural prerequisites. Instead, he should have appealed the contested decision as laid down in Sections 5 and 6 of ST/AI/1998/9 (System for the classification of posts). As the staff member¡¯s application was not receivable, the ±¬ÁÏÍøAT found that it could not consider his submissions and additional evidence concerning the merits of the case. The ±¬ÁÏÍøAT denied the staff member¡¯s request for compensation in light of its decision to affirm the impugned...

The ±¬ÁÏÍøAT found that an objective reading of the staff member¡¯s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The ±¬ÁÏÍøAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The ±¬ÁÏÍøAT therefore held that the ±¬ÁÏÍøRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...

The ±¬ÁÏÍøAT held that the terms of the impugned Judgment were sufficiently clear and unambiguous to be enforceable, and consequently, the former staff member¡¯s application was not receivable. In particular, the ±¬ÁÏÍøAT found that there was no ambiguity concerning the correctness of the grounds for and the nature of the disciplinary measure taken by the Administration against the former staff member.

Similarly, the ±¬ÁÏÍøAT held that the reasoning regarding the referral of the case to the High Commissioner for possible action to enforce accountability was clear and unambiguous. However, even if the...

The ±¬ÁÏÍøAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The ±¬ÁÏÍøAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance. The ±¬ÁÏÍøAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard. The ±¬ÁÏÍøAT observed that he had received ¡°partially meets performance expectations¡± for two performance cycles, and ¡°does not meet expectations¡± for the most recent performance cycle. He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...