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The Applicant claims that, by informing her that she would only be entitled to the long service step increment in August 2028 instead of August 2026, the Administration effectively made a new and separate administrative decision that is reviewable under the Tribunal¡¯s jurisdiction.

The issue under challenge for the purpose of receivability was whether the communication sent to the Applicant on 19 September 2023 constituted a reviewable administrative decision.

The Tribunal found that there was no decision made by the Respondent in the 19 September 2023 correspondence that adversely affects the...

The Applicant claims that the Administration¡¯s indication that she will only be entitled to be considered for her long service step increment in August 2028, instead of August 2026, contravenes the terms of the settlement agreement signed previously. The issues the Tribunal considered for the purpose of receivability were, therefore, whether the subject matter of the application was one of the terms of the Agreement and whether the Agreement had been implemented or not.

In the Tribunal¡¯s view, the record did not allow to conclude that the deferment of eligibility for increment was a matter...

It was undisputed and established by clear and convincing evidence that the Applicant engaged in several instances of outside activities. It was further undisputed that the Applicant was advised to seek authorization for her online activities. The Applicant¡¯s challenge, therefore, is limited to the characterization of the established conduct as outside activities and, consequently, as misconduct.

Whether the facts on which the disciplinary measure was based have been established by clear and convincing evidence

Based on the evidence on record, the Tribunal found that the Applicant was aware that...

Having examined the evidence on record, the Tribunal identifies the following issues for determination:

Whether the Applicant is entitled to parental leave under staff rule 6.3

The Tribunal found that the Applicant, whose child was born on 2 May 2022, was entitled to four weeks of paternity leave or eight weeks of adoption leave under the 2018 Staff Rules and ST/AI/2005/2, which he exercised. He was not, as he contends, ¡°placed in a no-man¡¯s land between two [Administrative Instructions]¡±.

The fact that the Applicant requested and was exceptionally granted additional leave after 1 January 2023 is...

The Dispute Tribunal had no record of any case filed by the Applicant ever having been transferred to it from JDC when the new system of internal justice at the United Nations took force in July 2009.

Taking into consideration the Applicant¡¯s subsequent failure to pursue the claim for over 12 years, and the absence of any record of a case transferred to it, the Tribunal does not consider itself seized of the application filed in 2007, before the JDC.

Therefore, the Tribunal finds that the application is not receivable.

The transitional measure under the new parental leave scheme grants an additional 10 weeks of SLWFP to staff members who were already on maternity leave on 1 January 2023. This measure was created to facilitate the transition from the previous parental leave scheme to the new one, and to enable equity and fairness in the treatment of staff members who became parents by giving birth. The Applicant, however, had exhausted her maternity leave entitlements and was instead on annual leave on 1 January 2023.

The Tribunal found no merit in her argument that she should be considered as still on...

Given the reputational risk inherent in any investigation, it was incumbent on the Applicant as a staff member applying for or occupying such a senior position as Head of the Country Office, to notify ±¬ÁÏÍøFPA of the allegations, suspension and investigation. Considering the negative publicity that such a situation inevitably generates in the media, ±¬ÁÏÍøFPA would have been justified in questioning the Applicant¡¯s suitability as a staff member in general and for the position of Country Representative in particular.

Accordingly, the Tribunal found that the facts anterior in this case were directly...

The transitional measure under the new parental leave scheme grants an additional 10 weeks of special leave with full pay ("SLWFP") to staff members who were already on maternity leave on 1 January 2023. This measure was created to facilitate the transition from the previous parental leave scheme to the new one, and to enable equity and fairness in the treatment of staff members who became parents by giving birth.

The Tribunal found that the transitional measure was a fair, reasonable, and rational solution. Under it, all birthing parents that were still on maternity leave when the new policy...

The Tribunal found that:

(a) The Applicant did not satisfy the criteria which would support his claim to whistleblower protection.

(b) The facts of the contested decision were properly establised. Since the Complainant had the relevant qualifications and experience, the Applicant¡¯s attacks on her were neither well founded, nor did they constitute a fair response or comment in the circumstances. The concerns were defamatory of her professionalism and integrity. Accordingly, the Applicant made disparaging remarks about the Complainant in front of other ±¬ÁÏÍøJSPF staff. In addition, the Applicant...

It consistently follows from AA¡¯s responses, or lack thereof, to the Applicant¡¯s many texts on the proposed ¡°bet¡± that he found these messages unwelcome. For instance, AA wrote to the Applicant that: ¡°Still on that topic man?¡±; ¡°I value my dignity more than $2.000¡±; ¡°I do not bet¡±; ¡°I thought it was a really stupid bet haha I would never [force you to pay] me, but you have kept bringing it up 1298548065908 times. That is why I say that if you continue with that emotional topic, I will send you my ±¬ÁÏÍøFCU account and that is it¡±; ¡°The bet. Now, man, stop the subject. It is over¡±. Despite this...