±¬ÁÏÍø

The Tribunal held that the decisions to issue a Notice of Counsel and to require the Applicant to undergo remedial training did not affect his legal rights. The decision to place the Applicant on weapons restriction was procedurally flawed because, contrary to the Department of Safety and Security Manual of Instruction on Use of Force Equipment Including Firearms (¡°DSS Weapons MOI¡±), the Chief of the SSS did not state the expected duration of the measure. The Tribunal rescinded the decision to place the Applicant on weapons restriction without indicating the expected duration and ordered the...

The ±¬ÁÏÍøDT further found that the Applicant also failed to submit her application to the ±¬ÁÏÍøDT within the prescribed time period. The ±¬ÁÏÍøDT found that ±¬ÁÏÍøDP provided incorrect information to the Applicant regard the ¡°suspension¡± of its response to her management evaluation request, which may have contributed to the Applicant¡¯s late filing of her application with the ±¬ÁÏÍøDT. Nevertheless, the ±¬ÁÏÍøDT found that ignorance of the law cannot be invoked as an excuse and staff members are deemed to be aware of the rules governing their employment, including those relating to the administration of justice. The...

The Tribunal found that the Approving Authority in this case acted contrary to ±¬ÁÏÍøICEF's staff selection legislation and policy. The undue influence exerted by the Approving Authority on the Selection Panel which let to a reversal of its earlier decision concerning the Applicant's suitability is evidence in the stark contrast of the Selection Panel's position when it stood its ground early in the selection process following a query by the Local Central Review Body as to why it found the Applicant suitable. The Approving Authority in this case by directly approaching the Selection Panel to...

The Tribunal was not persuaded by the Respondent¡¯s submission that because the Ethics Office is independent, its acts and/or omissions are not subject to judicial review. However, the Tribunal found that, given the current state of the jurisprudence, it had no option but to accept that, in accordance with the Appeals Tribunal judgments in Wasserstrom 2014-±¬ÁÏÍøAT-457 and Nartey 2015-±¬ÁÏÍøAT-544, the matters contested in the applications are not administrative decisions subject to judicial review.

The Tribunal concluded that the impugned decision was made following the correct procedure and was based on well-founded evidence. Accordingly, the Application was dismissed. Denial of claim based on evidentiary grounds: The Tribunal observed that in assessing the Applicant¡¯s claim for compensation, the principle issue for the ABCC was whether the injury resulted as a natural incident of performing duties on behalf of the United Nations. This was a question of fact to be established by evidence. The Tribunal held that the functions of ABCC include making recommendations on claims for...

Promulgation of MONUSCO Administrative Instruction No. 2013/15: The Tribunal observed that MONUSCO Administrative Instruction No. 2013/15 is of general application to the extent that it applies to all MONUSCO personnel but it was not expressly issued for the implementation of any specific rules or ST/SGBs. However, it does not meet the requirements of ST/SGB/2009/4. Accordingly, the Tribunal held that the lack of promulgation of the AI does not of itself render the impugned decision null and void. Withdrawal of the Applicant¡¯s driving privileges: The Tribunal found that MONUSCO Administrative...

Receivability - At the time of the contested decision, the Applicant was a staff member of ±¬ÁÏÍøRWA. This entity does not fall under the jurisdiction of the ±¬ÁÏÍøDT nor does the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the ±¬ÁÏÍøDT. He therefore has no locus standi to challenge a decision of the Respondent before this Tribunal..

The Tribunal concluded that: the investigation was carried out in accordance with the correct procedures; the facts were established by clear and convincing evidence; the facts established amounted to misconduct under the staff regulations and rules and that the sanction imposed was not excessive. Due process and procedural fairness: The Tribunal rejected the Applicant¡¯s submission that the investigation into his actions should not have been commenced because there was no evidence of harm to the Organization. Pursuant to ST/AI/371/Amend.1, once there is reason to believe that a staff member...

Restructuring: The Tribunal concluded that the Applicant¡¯s position and core responsibilities did not change as a result of the decision to reintegrate the Unit into one. He was to continue to perform the same duties although without the additional task of acting as the supervising officer of staff in the Operations Section of the Unit. Consultation: The Tribunal concluded that since the changes made to the Applicant¡¯s functional and reporting arrangements were not significant and did not alter his substantive position, the Administration was not strictly obliged under section 5(c) of ST/SGB...

The Tribunal found that by filing her request for management evaluation only on 21 April 2015, the Applicant failed to respect the 60 day time limit under staff rule 11.2(c), which started to run as of 5 January 2015, the day of her signature of the letter of appointment. Subsequent responses from OHRM in response to queries from the Applicant were merely confirmative decisions of the original decision of 5 January 2015. The Tribunal found the application irreceivable, ratione materiae.