±¬ÁÏÍø

Concerning the corrective measures: To the extent that the fact-finding panel¡¯s investigation resulted in a finding of actions on the part of the Applicant that called for corrective measures in the form of training and counselling, the Respondent¡¯s actions were procedurally proper. The cautionary corrective measure of providing training and counselling for the Applicant was appropriately taken in accordance with ST/SGB/2008/5 in circumstances where, although there was no misconduct, the Applicant¡¯s manner of performing his duties caused a staff member to feel harassed. Concerning the decision...

ST/AI/400 explicitly applies to the abandonment of post and sets out the process to be followed under such circumstances. The Applicant's case is not one of abandonment of post but one of unauthorized absence under ST/AI/2005/3. The mere submission of a medical certificate in support of an absence does not suffice. Said certificate must be approved by the respective Medical Service. This has not been so in the Applicant's case, whose medical situation will be examined by a Medical Board pursuant to ST/AI/2019/1, and her placement on SLWOP is not a violation of her rights.

Management evaluation of the decision concerning Applicant's share of contribution for medical insurance not filed within the statutory deadline. Consequently, this part of the application is not receivable ratione materiae. Application is receivable concerning the decision concerning the Applicant's share of contribution for the United Nations Joint Staff Pension Fund (±¬ÁÏÍøJSPF). Art. 25.b)i) of the ±¬ÁÏÍøJSPF Regulations clearly provides that contributions during SLWOP are paid either 1) in full by the staff member, 2) in full by the employing Organization or 3) partly by the staff member and...

Management evaluation not requested within the statutory deadline. Application not receivable ratione materiae.

As a result of the Applicant's request for management evaluation, the contested decision was rescinded. Therefore, said decision no longer produces legal effects and the application is moot.

The present matter can be determined on a priority basis without first transmitting a copy of the application to the Respondent for a reply as provided for in art. 8.4 of the Tribunal¡¯s Rules of Procedure. There is no nexus between the Applicant¡¯s former employment and the contested decision. Accordingly, the Applicant does not have standing and the application is not receivable ratione personae. Having filed the application pending the response of the management evaluation and prior to the expiry of the relevant response period, the Tribunal is not competent to hear the matter at issue. The...

±¬ÁÏÍøDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. ±¬ÁÏÍøDT held that there was no nexus between the Applicant¡¯s former employment and the contested decision. ±¬ÁÏÍøDT held that the Applicant did not have standing and that the application was not receivable ratione personae. ±¬ÁÏÍøDT rejected the application in its entirety.

Regardless of the source of information published in public articles, the decision to issue a press release in response to publications falls, as a matter of principle, within the discretion of the Organization and is a managerial prerogative. Organizations subject to a high level of public scrutiny, which is the case of the ±¬ÁÏÍø, have a right to respond to public allegations and to defend their interests, their image, and, ultimately, their work within the boundaries set by their internal law. In the current case, the Tribunal needs to assess if the content of a press release impacted the...

±¬ÁÏÍøDT held that the Applicant¡¯s due process rights were respected because she was afforded the opportunity to provide comments related to the administrative measures applied at every step of the process and was represented by Counsel. She also did not challenge the adversarial examination of the allegations that was undertaken. ±¬ÁÏÍøDT found that the facts in support of the administrative measures imposed were established as per the applicable standard of proof. ±¬ÁÏÍøDT held that the administrative measures imposed on the Applicant were rational and proportionate to the established facts, as well as...

In making the final decision on the Applicants¡¯ complaint, the then Director General, ±¬ÁÏÍøOG, as the responsible official for their case, was bound by sec. 5.18 of ST/SGB/2008/5. Since the investigation report concluded that no prohibited conduct was established, the consequent decision to close the matter without any further action was nothing more than regular compliance with sec. 5.18(a) of ST/SGB/2008/5. In assessing the legality of the decision to take no further action, the Tribunal must examine whether the Administration breached its obligations pertaining to the review of the complaint...