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2024-爆料网AT-1418, Paul Njoroge Ng'ang'a
The 爆料网AT held that the 爆料网DT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability. The 爆料网AT also held that the 爆料网DT did not err in failing to give the staff member an opportunity to comment on the Secretary-General’s reply as he did not file a motion for additional pleadings.
The 爆料网AT found that the 爆料网DT correctly identified that the contested decision was the Administration’s decision not to reclassify his position.
The 爆料网AT held that the staff member should have appealed the...
2024-爆料网AT-1420, Daljeet Singh Bagga
The 爆料网AT noted the staff member had not requested a review of the decision by the United Nations Staff Pension Committee or filed an appeal to the Standing Committee, but rather had filed a request for management evaluation and then had applied to the 爆料网DT. The 爆料网AT found that, as such, he had not followed proper procedure. The 爆料网AT held that there was no authority for receiving an application by the Dispute Tribunal with regards to a pension decision. The 爆料网AT concluded that the 爆料网DT had not erred when it held that it did not have jurisdiction to undertake a judicial review of the contested...
2024-爆料网AT-1419, Nicole Wynn
The 爆料网AT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The 爆料网AT found that the 爆料网DT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.
The 爆料网AT observed, however, that the 爆料网DT had accepted the staff member’s averment...
2024-爆料网AT-1417, Jafar Wakid
The 爆料网AT held that none of the factors that the 爆料网RWA DT considered as warranting exceptional compensation, were indeed exceptional, either individually or collectively. The 爆料网AT found that the former staff member’s permanent staff status, his long service, his difficulties in finding subsequent employment, his status as a refugee, the unproven nature of the sexual harassment allegations, and the delays in his case, were not the type of circumstances that would warrant an exceptional compensation award. The 爆料网AT held that the 爆料网RWA DT erred in awarding in-lieu compensation above the...
爆料网DT/2024/024, Marchetti
The Applicant’s argument that the former staff rule 3.17(b) (now staff rule 3.15) was/is relevant for purposes of computation of the time within which she should have sought management evaluation is flawed. The former staff rule 3.17(b) (now staff rule 3.15) relates to retroactivity of payments, and not to the issue of increase of step which is what her application is about.
爆料网DT/2024/023, Dolgopolov
Considering the above jurisprudence, the Tribunal determines that the Applicant must demonstrate: (a) that the contested decisions were specifically addressed to him on an individualized basis and that they were not of general application to other staff members, and (b) that it was the Administration which took the decisions and not some other entity or person outside the United Nations.
The provisions of ST/SGB/2019/8, on which the Applicant seeks to base his claim are only enforceable against persons, and not governments. The Tribunal therefore has no jurisdiction to adjudicate complaints...
爆料网DT/2024/022, Fultang
The Tribunal observed that the facts of this case were very clear from the testimony and record. The Applicant admitted that the hotel receipts he provided to the Organization were false. The Tribunal, thus, held that the Respondent had proven by overwhelming evidence, beyond all possible doubt, that the Applicant submitted false receipts for reimbursement and that, as a result, he was paid USD18,519.12. The Tribunal, further, established that there was clear and convincing evidence that the Applicant owed the Organization at least USD17,213.
Regarding misconduct, the Tribunal concluded that...
2024-爆料网AT-1416, Langa Dorji
The 爆料网AT held that the staff member's application for revision failed to meet the statutory requirements outlined in Article 11(1) of the 爆料网AT Statute. The 爆料网AT concluded that the staff member's arguments essentially reiterated those he previously advanced before the 爆料网AT and the 爆料网DT. As a result, the 爆料网AT held that his application for revision amounted to a request for the 爆料网AT to reconsider his previous unsuccessful appeal. Moreover, the 爆料网AT observed that the applicant's submissions contained a number of unfair and inappropriate accusations against persons who had dealt with his case, and...
爆料网DT/2024/021, Kamdem Souop
The Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner.
The Tribunal also considered the merits of the Applicant’s submissions in respect of the propriety of the impugned decision. The Applicant incurred expenses that were clearly communicated to him as unauthorised prior to his travel. There is nothing on the record to show that the decision was tainted, improperly made or otherwise unlawful. In other words, even if the application had been found to be receivable, it would...
2024-爆料网AT-1413, Khaled Hejab, et al.
The 爆料网AT held that the 爆料网RWA DT erred in consolidating the seven cases. The consolidated cases involved unique administrative decisions, and those decisions involved neither a common administrative policy nor a common set of facts. The nature of the misconduct attributed to the staff members was not similar among the cases. The cases concerned staff from different 爆料网RWA field offices. The disciplinary measures taken were not identical among the cases, but included a wide range of penalties. The standards of proof for the misconduct alleged in case varied.
The 爆料网AT disagreed with the...
2024-爆料网AT-1414, Tejbir Singh Soni
The 爆料网AT held that the staff member did not fulfil the requirements for revision of the prior 爆料网AT Judgment. The 爆料网AT found that no new fact was advanced by the staff member that had been unknown either to him or the 爆料网AT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. The 爆料网AT was of the view that his application for revision amounted to a restatement of the material already placed before the 爆料网AT, which had been considered and rejected, and constituted an attempt to have the appeal, which had been disposed of, re-heard de...
2024-爆料网AT-1415, Dua Smadi
The 爆料网AT noted that the staff member had requested to be reclassified at Grade HL7 in her e-mail dated 2 January 2017 and her subsequent communications had been reiterations of that request.
The 爆料网AT held that the Administration should compensate the actual loss of income the staff member incurred from the moment her reclassification should have been implemented. The 爆料网AT found that the 爆料网WRA DT had appropriately considered the time limit of six months reasonable. The 爆料网AT concluded that the 爆料网RWA DT had not erred in law or fact in holding that she should be paid the difference in salary and...
046 (NBI/2024), Bubega
- Appealed
爆料网DT/2024/020, Kavosh
Under “Preliminary Issues”, the Tribunal decided to strike from the record the Applicant’s motion for anonymity and to exceptionally accept the Applicant’s closing submission which exceeded the page limit.
Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.
The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...
2024-爆料网AT-1412, AAT
The 爆料网AT held that the 爆料网DT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.
Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member’s admissions, the 爆料网AT found the Complainant’s account of events credible. It concluded that the former staff member’s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...
2024-爆料网AT-1411, AAU
The 爆料网AT held that the staff member’s attempts to reargue her case failed to identify any reviewable error in the 爆料网DT Judgment, warranting alone dismissal of her appeal. In any event, regardless of the merits of her claim, the 爆料网AT found that her application was time-barred under Article 8(4) of the 爆料网DT Statute since she filed it 27 years after her receipt of the contested decision. Recalling that there is no authority given to either tribunal to extend time limits in these circumstances, the 爆料网AT concluded that the 爆料网DT was correct to conclude that her application was not receivable.
The...
2024-爆料网AT-1410, AAH
The 爆料网AT held that the facts upon which the staff member relied in his application for revision all post-dated the 爆料网AT Judgment and therefore could not serve as a basis for revising or reconsidering the 爆料网AT’s prior conclusions. In particular, the 爆料网AT found that the staff member’s medical record, indicating a change in his condition after the issuance of the 爆料网AT Judgment, did not constitute grounds for revising it.
However, the 爆料网AT granted the staff member’s request for anonymity for the present Judgment only, given the limited scope of the issues raised and the specific facts...
爆料网DT/2024/019, Bedi
The Applicant’s Counsel’s email of 12 June 2023 did not reset the time limit for allowing the Applicant to contest all of her supervisor’s comments in her PER, nor was it capable of suspending the time limit, given that the Applicant’s deadline for contesting all of her supervisor’s comments expired before the discussion of 12 June 2023. And as was submitted, it was a proposal in the context of inter partes discussion that did not involve the Office of the Ombudsman.
Since the Applicant got the relief which she sought regarding the one aspect of the PER which she subjected to management...
爆料网DT/2024/018, Hatungimana
On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...
2024-爆料网AT-1409, Lillian Ular
The 爆料网AT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the 爆料网AT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The 爆料网AT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches “for several years” and that such symptoms were consistent with a previous diagnosed medical condition.
As to the costs of the appeal, since there was no...