±¬ÁÏÍø

The Tribunal found that clear and convincing evidence was obtained which was consistent with the Applicant¡¯s sexually exploiting local women and the impugned decision was well-founded. The Applicant had claimed that he had given his username and password to other staff members therefore, he could not be attributed the accessing and storing of the material. The Tribunal did accept this. The Applicant admitted that he had downloaded and installed the cracked software that had caused pornographic material to appear on his computer. He neither named any person with whom he shared the password nor...

±¬ÁÏÍøDT held that the Applicant had not met the evidentiary burden of showing that the Administration made an express and firm commitment in writing to extend his appointment and that conversely, the evidence showed that, in accordance with its Transition Plan, the Mission had no intention of maintaining the Applicant¡¯s post and proceeded with the downsizing. ±¬ÁÏÍøDT held that the Report of the Advisory Committee on Administrative and Budgetary Questions did not require ±¬ÁÏÍøOCI to renew the Applicant¡¯s appointment, neither did it alter ±¬ÁÏÍøOCI¡¯s obligation to implement the phased drawdown in accordance...

it is undisputed that the Administration did not afford the Applicant written notice so he learnt about the non-renewal only upon the expiration of his fixed-term appointment. This practice, however, does not disable the right to seek review of the non-renewal decision by the ±¬ÁÏÍøDT. The Tribunal considers that the objective factual element as to the non-renewal of the Applicant¡¯s appointment consists in the memorandum instructing the Applicant to commence his separation procedure, dated 4 January and delivered to the Applicant on 11 January 2016. Recalling that the Applicant sought information...

In light of the Respondent¡¯s acceptance of the findings of the ±¬ÁÏÍø Ethics Office that the Applicant¡¯s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal¡¯s review was limited to the issue of compensation. The Tribunal rejected the Applicant¡¯s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...

The Tribunal observed that the Organization had decided not to renew the Applicant¡¯s appointment following his being declared persona non grata in Sudan. In practical terms, this could have necessitated redeployment of post, reassignment, administrative leave or, ultimately, non-extension of the appointment. Therefore, the Applicant¡¯s claim to remain in office in the country where he was unwelcome was, in any event, unfounded. The Tribunal, further found that the Organization had fulfilled its legal obligations towards the Applicant and the impugned decision was lawful. Consequently, the...

Decision 1 ¨C the Tribunal held that the Applicant failed to substantiate his claims of a flawed process and improper motives that led to his separation from service. The Tribunal concluded that the Applicant knowingly assumed the risk of not being able to secure another assignment or position before the expiration of his FTA on 31 March 2016 when he declined the offer to be recommended for the regular budget position in Rabat as well as declined the extension of his temporary assignment. Decision 2 ¨C the Tribunal concluded that the Respondent failed to follow proper procedure for the placement...

The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, the Applicant did not request management evaluation of the contested administrative decision. Accordingly, the application was dismissed as not receivable.

The Tribunal refused to entertain the application. It found that the Applicant had submitted a most confused and inarticulate application. The application had many flaws. The Tribunal, therefore, determined that a summary judgment was appropriate and the application was accordingly refused.

The Tribunal dismissed the application. The Tribunal found that the contested decision was rescinded promptly after its issuance. In fact, the main claim of the application was rendered moot even before the commencement of the proceedings before the Tribunal.

The Tribunal concluded that the Applicant had attempted to physically remove M, the staff member of a WFP contractor, from WFP premises and that in so doing, he had been imprudent and reckless since he could have sought the assistance of security personnel. The Tribunal found, however, that the allegations that the Applicant had initiated the fight with M and continued to fight severely and inflict serious injuries on him, had not been established by clear and convincing evidence. The Tribunal further found that in imposing the disciplinary sanction on the Applicant, WFP had unlawfully...