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The Tribunal concluded that the established facts did not legally amount to misconduct and that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore, a violation of her rights. Breadth of judicial review: When reviewing disciplinary matters, the role of the Tribunal is to look at all the facts, including the facts that came up during the investigation. Thus, the Tribunal is entitled to look at the manner in which the investigation was conducted; the facts gathered; the testimony of witnesses and the documentary evidence. ST/AI/371: The Tribunal noted that: (i)...

The Applicant, who had been separated on 31 December 2012, filed a report to OIOS in January 2013 referring to ¡°gross breaches of ±¬ÁÏÍø project management and procurement rules and regulations¡± (part A of the complaint), ¡°mal intended recruitment¡± (part B of the complaint) and ¡°misconduct of supervisor¡± (part C of the complaint). He appealed the OIOS decision not to launch an investigation into his report and ¡°not to provide him with the requisite information and to provide misleading information¡±. The Tribunal found that the application with respect to the decision not to investigate part A was...

The ±¬ÁÏÍøDT noted despite reminders sent by the Staff Union, and once the Applicant realized that her application had not been processed, she still did not take any action to rectify the situation, and filed her application only nearly two years later. The ±¬ÁÏÍøDT found that the circumstances the Applicant described could not be considered ¡°beyond her control¡±, and rejected her request for a waiver of the time limit to file her application as being unfounded; hence the application was rejected as being time-barred.

The Application was found to be not receivable on grounds that the Applicant was not specific as to the administrative decision he was challenging and did not seek management evaluation of any decision. The Tribunal has jurisdiction to determine whether an administrative action was properly taken. This presupposes that a staff member who is challenging an administrative decision clearly identifies the decision he is seeking to challenge. The applicant must also comply with the sine qua non requirement of requesting management evaluation of the impugned decision within the stipulated timelines...

The ST/SGB/2008/5 requirement for the administration to act promptly on complaints of prohibited activity was not observed in the case of the Applicant¡¯s complaint. ±¬ÁÏÍøDT required more information on the present state of the process and held that this case was suitable to remand for institution or correction of the required procedure. ±¬ÁÏÍøDT suspended the proceedings and orderd the Secretary-General to advise ±¬ÁÏÍøDT of the present position of the investivgation into the Applicant¡¯s complaint and whether he concurs with the remand of the case for institution and correction of the procedure under ST...

e was working as Project Manager on an extra-budgetary project, funded exclusively by one member state, and his FTA was limited to his post and department. The decision was based on the discontinuation of the project funding by the Donor. The initial decision had been notified to the Applicant on 13 November 2012, and he requested timely management evaluation thereof. However, upon misleading advice from the MEU, he subsequently submitted a new request for management evaluation against the second, confirmative decision not to extend his appointment beyond 31 May 2013. Thereafter, upon receipt...

He alleges that the decision was discriminatory, since based on his Kurdish ethnicity, and not based on reasons of force majeure, namely the earthquake that occurred in Van in October/November 2011 and which led to the temporary closure of the ±¬ÁÏÍøHCR office in Van. A hearing took place 0n 5 February 2013, during which the Applicant requested the Tribunal to call a witness to provide testimony concerning his claim that the decision was discriminatory. His request to have his witness heard was, however, not granted and Judge Cousin, in Judgment Kacan ±¬ÁÏÍøDT/2013/025 of 19 February 2013, rejected...

The Tribunal found that the USG/DESA complied with ST/SGB/2008/5 by closing the case and providing the Applicant with a summary of the Investigation Panel¡¯s findings and conclusions. However the applicable mandatory time limits for assessing the complaint, appointing the panel and submitting the final investigation report were not respected. The Applicant is awarded a compensation in the total amount of USD2,300. The Tribunal found that there was no evidence that the Investigation Panel did not gather sufficient evidence or erred in reaching its findings and conclusions presented in the report...

The application was dismissed in its entirety. The Tribunal also found that the Applicant has manifestly abused the proceedings before it. The Applicant was ordered to pay costs in the sum of USD 2,000 for abuse of process. On receivability: The Tribunal found that the PDF version of the application attached to the email of 15 September 2012, also copied to OHRM and EO/OCHA, met the requirements of art. 8 of the Rules of Procedure of the Dispute Tribunal. It was moreover identical to the application filed through the e-filing portal on 15 October 2012. The Respondent¡¯s contention that the...

The Tribunal found that the Administration violated the rights of the Applicant by not including the PAD cycle year 2009 when making the termination decision in July 2010. The Tribunal ordered the rescission of the contested decision and compensation for material damage equivalent to the loss of salary until her early retirement date on 1 May 2011. When terminating a contract for unsatisfactory service, the PAD reports to be taken into consideration must be the ones immediately preceding the non-renewal decision, so the PAD cycle years 2007, 2008, and 2009 for a termination decision made in...