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The context of the case in °¿¡¯µþ°ù¾±±ð²Ô is not similar. Essentially, in °¿¡¯µþ°ù¾±±ð²Ô, the applicant was the subject of an investigation, whereas in the present case, the Applicant was the complainant. Accordingly, In °¿¡¯µþ°ù¾±±ð²Ô, the applicant opposed a disciplinary investigation launched against himself based on a misconduct complaint made by others, and he then contested a decision to reject his request for an independent review of the investigation. The Appeals Tribunal, however, dismissed the applicant¡¯s challenge because the decision-maker eventually held in his favour as, contrary to the preliminary...

Having reviewed all the factors used in determining the appropriate sanction for the Applicant¡¯s misconduct, the Tribunal finds that the USG/DMSPC has provided sufficient reasoning in the contested decision and has established a rational connection or relationship between the evidence and the objective of the disciplinary action.

The Tribunal must ensure that there is an administrative decision that is alleged to be in non-compliance with the staff member¡¯s terms of appointment or his or her contract of employment, as provided for in art. 2.1(a) of the Tribunal¡¯s Statute. Such decision must be unilaterally taken by the Administration, be directed to the staff member, and have direct legal consequences for the staff member.

Decisions of ±¬ÁÏÍøSPC fall under the jurisdiction of the United Nations Appeals Tribunal under art. 2.9 of its Statute. Accordingly, the Dispute Tribunal has no jurisdiction to undertake a judicial review of the contested decision.

In the present case, the Applicant has not identified a reviewable administrative decision and there is no indication that he filed a request for management evaluation before submitting the application.

The Tribunal found that the Applicant failed to show by clear and convincing evidence that he was denied a fair chance of selection. Accordingly, the Tribunal found that the contested selection decision was lawful as the Administration appropriately exercised its discretion in selecting the selected candidate.

Since the Applicant¡¯s re-employment and new appointment occurred after 1 July 2007, his eligibility to participate in ASHI is contingent on his fulfilling the criteria laid out in sec. 2.1(a)(ii) of ST/AI/2007/3. Specifically, he is required to have been a participant in a contributory health insurance plan of the United Nations for a minimum of ten years.

The Tribunal held that the Applicants had produced no evidence to support the premise that heterosexual couples would be awarded more days of leave than same-sex couples. The Tribunal, therefore, concluded that the claim of unequal treatment had not been proven by the Applicants. Accordingly, the application was denied.

The Applicant was required to submit his application in 90 days. When counting from 12 October 2022, the period ended on 9 January 2023. The Applicant submitted his application on 10 January 2023. In the circumstances the application was deemed not receivable ratione temporis.

The application was dismissed.