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The ±¬ÁÏÍøAT considered an appeal by Ms. Mukomah.

The ±¬ÁÏÍøAT held that Ms. Mukomah¡¯s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow¡¯s benefit under Article 34 of the Fund¡¯s Regulations, was not sustainable based on the evidence before the ±¬ÁÏÍøAT.

The ±¬ÁÏÍøAT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...

The ±¬ÁÏÍøAT considered an appeal by Mr. Dorji.

The ±¬ÁÏÍøAT found that the appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of the appeal. As the ±¬ÁÏÍøDT correctly held, Mr. Dorji¡¯s alleged coerced resignation and subsequent separation from the Organization occurred in March and April 2019. Mr. Dorji¡¯s request for management evaluation thereof was filed outside the 60-day statutory time limit by more than two years, on 25 June 2021.

The ±¬ÁÏÍøAT dismissed the appeal and affirmed Judgment No. ±¬ÁÏÍøDT/2021...

The ±¬ÁÏÍøAT held that the decisive fact which the staff member maintains is sufficient for the revision is a letter that was known to him at the time of his initial application to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that the reasons for not presenting it were not persuasive.

The ±¬ÁÏÍøAT noted that even if it were to consider the letter known only at the time of the issuance of the previous ±¬ÁÏÍøAT Judgment, the application for revision had not been filed on time.

The ±¬ÁÏÍøAT was of the view that the staff member¡¯s application for revision constituted, in fact, a disguised attempt to re-open the case and that was...

The ±¬ÁÏÍøAT held that the supposedly unknown facts that Mr. Al Dirawi detailed in his application for revision of the ±¬ÁÏÍøAT Judgment focus on findings and conclusions in the ±¬ÁÏÍøAT Judgment with which he disagrees. Notably, these matters were considered in the original appeal and Mr. Al Dirawi basically submits a second appeal for a reassessment of the facts in his case, a remedy which is not available to the parties once the Appeals Tribunal has issued a final judgment. The ±¬ÁÏÍøAT thus held that Mr. Al Dirawi's application was not receivable.

The ±¬ÁÏÍøAT held that it was satisfied that execution of the ±¬ÁÏÍøDT Judgment (as affirmed by the ±¬ÁÏÍøAT) had occurred in Mr. Ozturk¡¯s case. The Administration had complied with the ±¬ÁÏÍøAT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.

The ±¬ÁÏÍøAT observed that Mr. Ozturk appeared only to disagree with the ¡°refund calculation¡± by the Administration for prior overpayments. However, the ±¬ÁÏÍøAT noted that implementation by the Administration of a Tribunal¡¯s order constitutes in itself an...

The ±¬ÁÏÍøAT considered an appeal by Mr. Dahoud.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.

The ±¬ÁÏÍøAT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly found that Ms. Hanjoury was informed on 1 March 2020 that she no longer had FS-5 Administrative Assistant Roster status. This 1 March 2020 email was clear notification of her roster status and the latest date that Ms. Hanjoury knew or reasonably should have known of the challenged decision, based on objective elements that both parties could accurately determine. As a result, Ms. Hanjoury¡¯s request for management evaluation on 6 June 2021 was beyond the 60-day deadline and therefore her application to the ±¬ÁÏÍøDT was not receivable ratione materiae.

The...

Mr. Mukeba's application for revision did not fulfil the strict and exceptional criteria established by Article 11 of the Statute.

Ms. Larriera filed an appeal.

±¬ÁÏÍøAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D. ±¬ÁÏÍøAT found that ¨C unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M¡¯s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...

There was no evidence on record of a management evaluation request submitted by the Applicant. Instead, the instant application was preceded only by an ME request made in October 2021, by a colleague of the Applicant, one Mr. AA. The Tribunal found that it was apparent however, that the Applicant considered the said ME request to have been made on his behalf as one of the affected members of the ±¬ÁÏÍøAMID national staff. The ME request was submitted more than four years after the Applicant received notification of the administrative decision being contested. The application was accordingly not...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request. The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening. The...

The Tribunal notes that it follows from ST/SGB/2019/2 that the Secretary-General has delegated the relevant authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (¡°the USG¡±), who in turn, has sub-delegated it to the ASG in accordance with a table of sub-delegation dated 1 March 2021 that the Respondent has submitted in evidence. In a note on ¡°delegation details¡± valid from 15 April 2021 is stated that, ¡°This sub-delegation of decision-making authority addresses a technical error in the attachment of the sub-delegation of decision-making authority issued on...

The Applicant¡¯s claim was based on her assertion that she was on official travel status at United Nations expense when she was forced to have a stopover of 23 days in Khartoum. Accordingly, she claimed that she was entitled to DSA in accordance with staff rule 7.10. The Tribunal found, however, that there was no category under the applicable legal framwework of entitlement to DSA under which the Applicant¡¯s time in Khartoum fell.

The application is partly non-receivable and, is rejected on the merits. The Applicant¡¯s objection to General Assembly¡¯s decision to restructure the D-1 level position and to submit the selection of the Secretary of the Board to a competitive process by the Succession Planning Committee is not reviewable by the Tribunal. The Tribunal found that the Applicant was afforded full and fair consideration and the non-selection decision was lawful. The Tribunal found that the USG/DMSPC lawfully assigned the Applicant to a suitable position in the Secretariat in order to retain his employment at the D...

The Applicant contests his non-selection and being found not suitable for the position advertised under JO 18186. He identified as the contested decision the Management Evaluation Unit's response dated 24 March 2021. However, a management evaluation response is not a judicially reviewable administrative decision. Accordingly, the application is not receivable ratione materiae. The above notwithstanding, the Tribunal recalls that it falls under its competence ¡°to individualize and define the administrative decision impugned by a party and identify what is in fact being contested and so, subject...

Once approved by the General Assembly, the decision to downgrade a post is placed outside the Tribunal¡¯s jurisdiction. There can be no issue of restoring this position and the Applicant as its incumbent. The only question that could be entertained by the Tribunal is whether, in proposing the budget, the administration acted lawfully, or, as it is alleged, engaged in a conspiracy against the Applicant to mislead the General Assembly. The Tribunal found that the Secretary-General¡¯s recommendation to downgrade one of the P-4 posts was lawful. The Tribunal was satisfied that the downgrading of...

On the due process prong, the Tribunal concluded that the Applicant¡¯s complaints about lack of due process were without merit. The Applicant did not establish that the Respondent failed to afford him due process in the investigation and disciplinary process. Accordingly, the Tribunal held that the Applicant¡¯s due process rights were guaranteed. On whether the facts were established by clear and convincing evidence, the Tribunal recalled that the Applicant was sanctioned for: (i) Misleading the ±¬ÁÏÍøHCR¡¯s Global Fleet Management (¡°GFM¡±) regarding the extent of the damage to the ±¬ÁÏÍøHCR¡¯s vehicle;...

The Tribunal reviewed the application and found it not receivable. The Applicant indicated in his application that while he was initially offered a separation indemnity of 12 months¡¯ net base salary, this amount was later reduced to three months¡¯ net base salary in a separation agreement dated 16 March 2021. According to the information on record, the Chief Human Resources Office, Pakistan Country Office, verbally informed the Applicant of the contested decision on 11 March 2021. Therefore, as per staff rule 11.2 (c), the Applicant had until 10 May 2021 to request management evaluation. Even...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.¡¯s complaint], had failed to consider whether the limits of the managerial discretion were respected. ±¬ÁÏÍøAT rejected the Secretary-General¡¯s argument that ±¬ÁÏÍøDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General¡¯s sole and exclusive authority in disciplinary matters. ±¬ÁÏÍøAT observed that when ±¬ÁÏÍøDT rescinded the decision based on the investigatory Panel¡¯s report, it did not draw any...

There is no evidence of collusion or bias against the Applicant. On the contrary, several congruent testimonies corroborated the complainants¡¯ statements and confirmed the allegations of bullying and harassment against the Applicant. The Applicant failed to substantiate his arguments against the complaint and the complainants. The facts are established by a preponderance of evidence and constitute misconduct.
Bearing in mind the nature of the facts attributed to the Applicant, it is not unreasonable that he be obliged to attend mandatory training to improve his managerial and communication¡¯s...