±¬ÁÏÍø

The Appeals Tribunal found that Mr. Hampstead had not established that the ±¬ÁÏÍøDT made any errors under Article 2(1) of the Appeals Tribunal Statute.

The ±¬ÁÏÍøDT correctly took note of the documented performance shortcomings over three performance cycles as well as the fact that Mr. Hampstead¡¯s performance did not improve despite the remedial measures put in place, such as two PIPs, the adjustment of output timelines, and continuous feedback, performance discussions and training that Mr. Hampstead had received over the years.The ±¬ÁÏÍøDT also correctly held that the Administration had followed...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erroneously concluded that there was clear and convincing evidence of the former staff member¡¯s knowledge that he was in a prohibited family relationship with another staff member, Mr. S.R.B.

Moreover, the ±¬ÁÏÍøAT found that even if the information provided by the former staff member was false, he could not have intended to mislead the Organization by providing or omitting it. On the contrary, the evidence established that when he made his relevant applications, he did not know, and had no reason to know, that Mr. S.R.B. was employed by the United Nations. In...

The ±¬ÁÏÍøAT noted that the staff member¡¯s involvement in rental subsidy fraud by two claimants had been established by clear and convincing evidence: the Administration had demonstrated that the actual amount paid to the staff member in monthly rent was not the amount shown on the lease. In addition, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had correctly determined that he had instigated one of the claimants to submit a fraudulent claim for the subsidy for real estate agent¡¯s fees.

The ±¬ÁÏÍøAT held that even if the staff member had not benefitted personally or directly from the fraudulent subsidies, the...

The ±¬ÁÏÍøAT held that, Mr. Lago¡¯s reliance on additional evidence without filing a motion, was inadmissible.

The ±¬ÁÏÍøAT confirmed that, there was no evidence that a specific request for an occupational health evaluation, made by Mr. Lago, in an individual capacity to an appropriate official, was refused or ignored. Additionally, Mr. Lago¡¯s requests mirrored his persistent attempts to challenge a perceived wrong, which on its own cannot be perceived as an implied administrative decision.

The ±¬ÁÏÍøAT concluded that, in the absence of any evidence of a clear request capable of giving rise to an...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had appropriately dismissed Ms. Yu¡¯s application as not receivable ratione temporis. The ±¬ÁÏÍøAT emphasized that because Ms. Yu¡¯s position was based in Western Europe, the statutory time limits must be calculated based on Geneva time where the ±¬ÁÏÍøDT is located, and therefore, Ms. Yu missed the deadline by one day.

The ±¬ÁÏÍøAT rejected the new arguments and evidence related to the mediation process submitted to the ±¬ÁÏÍøAT for the first time. Even if these were considered, the ±¬ÁÏÍøAT concluded that the mediation did not pertain to the contested decision and therefore did not...

The ±¬ÁÏÍøAT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.

The ±¬ÁÏÍøAT found that...

The ±¬ÁÏÍøAT specified that the sole issue was whether the applicant, a former staff member, had presented a new and decisive fact that was unknown to him and the Appeals Tribunal when the prior ±¬ÁÏÍøAT Judgment was decided, and that this fact would have materially impacted the outcome of that Judgment.

The ±¬ÁÏÍøAT reviewed the documents submitted by the former staff member and concluded that they were all known to him prior to the issuance of the ±¬ÁÏÍøAT Judgment. The former staff member essentially repeated or added to the same arguments he made in his original appeal, and the ±¬ÁÏÍøAT had already...

The ±¬ÁÏÍøAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context. This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member¡¯s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The ±¬ÁÏÍøAT also concluded that the ±¬ÁÏÍøDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The ±¬ÁÏÍøAT observed that the former staff member himself identified this decision in both his ±¬ÁÏÍøDT application and his management evaluation...

The ±¬ÁÏÍøAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The ±¬ÁÏÍøAT found that the case was not one where the issues required the ±¬ÁÏÍøDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a ±¬ÁÏÍøDT hearing had not affected its decision. The ±¬ÁÏÍøDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the lawfulness of the...