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The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-±¬ÁÏÍøAT-359 and Ademagic et al. 2016-±¬ÁÏÍøAT-684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that according to the Applicant¡¯s submission, he was notified of the contested decision on 19 May 2017. Therefore, the 90-day time limit to institute proceedings before the Tribunal expired on 17 August 2017. It followed that when the Applicant submitted his incomplete application by email on 21 August 2017, the statutory time limit had already elapsed. The Tribunal therefore found that the application was irreceivable ratione temporis.

The Applicant consistently, throughout the proceedings, admitted the fact that sometime between December 2006 and January 2007, he had stated in his job application that he had no relative working for a public international organization, even though he was aware that at the time his brother was working for the United Nations. As such, the fact that the Applicant failed to disclose relevant information when he should have, is essentially not in dispute. Whereas the Applicant insists to calls his deed an ¡°oversight¡±, it is impossible to accept. By invoking the same justifications for not...

The decision communicated to the Applicant on 29 March 2019 presents essentially the relief sought by the Applicant in his application dated 4 March 2019 and while the Applicant is still insisting on clarification from the Regional Service Centre in Entebbe (RSCE) as to the basis for the impugned decision, this neither minimizes nor negates the fact that the administration acceded to his request and rescinded the impugned decision altogether. The Applicant has not tendered any particulars or evidence to support, prove and/or explain his allegations of harassment, abuse of authority and mental...

Regarding the merits, the abolishment of a number of posts was decided by the; General Assembly. This decision is outside the Tribunal¡¯s jurisdiction. The SecretaryGeneral¡¯s role was to implement it through identifying particular posts for reduction. In the process, the Applicant¡¯s post was so selected, which entailed the decision on termination of his appointment. The Tribunal¡¯s cognizance extends over reviewing the appropriateness of the steps which led to this decision, however, in so far only as they are attributed to the Secretary-General. Prima facie, the Tribunal finds no reason to...

Receivability The Tribunal found the application receivable ratione temporis. Merits The Tribunal considered that while the Administration has a duty of care vis-¨¤-vis its staff members in the management of the social security system and relevant entitlements, the system is based on certification and reporting, with the main responsibility for providing the Administration with the required medical certificates and reports lying on the staff member. Staff members must strictly comply with the legal requirements and provide complete material that contains sufficient precision, including the...

Background for the examination of the issues in this case

The Tribunal found that the wayin which the Office of Audit and Investigation Services (¡°OAIS¡±) conducted its investigation clearly led to great unfairness to the Applicant given the circumstances of this case.

Financial loss to ±¬ÁÏÍøFPA

Since a pivotal part of the scope of the investigation was to establish financial loss to the Organization and or financial benefit to the Applicant as a result of the ±¬ÁÏÍøFPA leases, it was surprising for the Tribunal to note that there was no certain finding of the actual financial loss that ±¬ÁÏÍøFPA...

The Tribunal did not agree with the Respondent that the actions of the Applicant as seen on the video footages were sufficient to rise to the required standard of proof of clear and convincing evidence to establish stealing; but found that the actions of the Applicant after he left with the shopping bag and the glaring inconsistencies in his testimony clearly pointed to a level of dishonesty betraying guilty knowledge that he did not pay for the items at issue. In other words, the Applicant knew that he did not pay for certain items especially after he, a career security officer, was accosted...

The Applicant had unusually received SPA for the more than the four-year period she performed functions at a higher level (February 2012 ¨C June 2016). The post she encumbered was reclassified upwards to the FS-6 level in 2012, not 2006. The Tribunal refused her claim that she was performing higher-level functions between 2006 and 2012 when those functions were not recognized through an upward reclassification as higher-level functions. Additionally, under section 6.2(c) of ST/AI/2003/3, in respect of posts reclassified upwards at established missions, an SPA may not become effective before the...

For an application to be receivable pursuant to arts. 2 and 3 of the Tribunal¡¯s Statute, an Applicant has to contest an administrative decision alleging non-compliance with his or her contract of employment or terms of appointment.; At the time the Applicant applied for the contested post as well as at the time of the contested decision (non-selection), he was no longer a staff member. While he is a former staff member, the decision not to select him for the advertised post advertised was not linked to his (previous) contract of employment or terms of appointment with the United Nations...