±¬ÁÏÍø

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT¡¯s conclusion on the receivability of the application but suggested that the ±¬ÁÏÍøDT should have applied a different methodology for determining it.

The ±¬ÁÏÍøAT held that the staff member did not have standing before the ±¬ÁÏÍøDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

ST/AI/2020/5 only applies to selection decision where the selection decision is made from either (a) ¡°a list of candidates¡± that was ¡°endorsed by a central review body¡± or (b) a competitive examination roster. None of these situations apply in this case. It is unchallenged that the contested selection decision was governed by ST/AI/2010/3/Rev.1 (Staff selection system), which in sec. 3.1 provides that ¡°[t]he process leading to selection and appointment to the D-2 level shall be governed by the provisions of the present administrative instruction¡±. As per sec. 7.7 of ST/AI/2010/3/Rev.1, for a...

There is no evidence that the facts that were taken into consideration to substantiate the investigator¡¯s finding of ¡°prior conduct¡± were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant¡¯s persistency...

The decision to have the Applicant consent to an Independent Medical Evaluation ("IME") was reasonably taken in the interest of the Organization.

The Tribunal held that there was no unlawful behavior by ±¬ÁÏÍøHCR in following and implementing the recommendations arising from the IME. The decision was rational, procedurally correct and appropriate.

Given the reputational risk inherent in any investigation, it was incumbent on the Applicant as a staff member applying for or occupying such a senior position as Head of the Country Office, to notify ±¬ÁÏÍøFPA of the allegations, suspension and investigation. Considering the negative publicity that such a situation inevitably generates in the media, ±¬ÁÏÍøFPA would have been justified in questioning the Applicant¡¯s suitability as a staff member in general and for the position of Country Representative in particular.

Accordingly, the Tribunal found that the facts anterior in this case were directly...

On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent¡¯s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.

Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...

The Dispute Tribunal had no record of any case filed by the Applicant ever having been transferred to it from JDC when the new system of internal justice at the United Nations took force in July 2009.

Taking into consideration the Applicant¡¯s subsequent failure to pursue the claim for over 12 years, and the absence of any record of a case transferred to it, the Tribunal does not consider itself seized of the application filed in 2007, before the JDC.

Therefore, the Tribunal finds that the application is not receivable.

Pursuant to Article 2.2 of the Tribunal¡¯s Statute and Article 13.1 of its Rules of Procedure, the Tribunal may suspend the implementation of a contested administrative decision pending management evaluation if the Applicant demonstrates that: The decision appears prima facie unlawful, The matter is of particular urgency, and Implementation would cause irreparable harm. These requirements are cumulative, meaning all three must be satisfied for a suspension of action to be granted. In this case, the record indicated that the Applicant¡¯s temporary contract had been extended until 11 March 2024...

Having received the management evaluation response on 25 October 2022, the Applicant had 90 days to file an application in accordance with art. 8(1)(d)(i)(a) of the ±¬ÁÏÍøDT Statute, that is, by 23 January 2023, but failed to do so. Therefore, insofar that the application is premised on the management evaluation response of 25 October 2022, it is not receivable ratione temporis.

In respect to the 4 October 2022 decision, the Applicant did not request management evaluation of said decision and the application is therefore not receivable ratione materiae.

To the extent that the Applicant received...

The Tribunal held that the decision to change a staff member¡¯s reporting lines is not a reviewable administrative decision under art. 2(1)(a) of the Dispute Tribunal's Statute. The Tribunal, further, established that the contested decision did not produce direct adverse legal consequences to the Applicant¡¯s employment contract. The Applicant continued to perform his functions at the P-4 level. The only change was that he reported to different persons. Accordingly, the application was dismissed as not receivable.

The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.

The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.

The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.

Considering the lack of any direct evidence before the Tribunal as the alleged victim declined to provide witness testimony, it found that the Respondent had not managed to prove with clear and convincing evidence, or even with the preponderance of evidence, the factual allegations leading to the USG/DMSPC¡¯s conclusion that the Applicant had sexually harassed her. In the same vein, the Respondent also failed to demonstrate that the Applicant created a hostile work environment for her.

Whereas the Applicant¡¯s actions and behavior were not up to the standard to be expected of a supervisor...

The Tribunal recalled that it may only review decisions that have been the subject of a timely request for management evaluation.

Considering, inter alia, that the Applicant filed her request for management evaluation after the 60 calendar days¡¯ deadline, and that the Tribunal is not competent to suspend or waive deadlines for management evaluation as per art. 8.3 of its Statute, the Tribunal found that the present application was not receivable ratione materiae. It consequently dismissed the application.

The ±¬ÁÏÍøAT held that the staff member's motion for the production of evidence did not meet the criteria set out in the ±¬ÁÏÍøAT Statute and Rules of Procedure. The ±¬ÁÏÍøAT found that the staff member had not demonstrated exceptional circumstances warranting the admission of the additional evidence on appeal. The ±¬ÁÏÍøAT noted that, moreover, the staff member had not demonstrated that any relevant fact was likely to be established with the staff member¡¯s half-brother, Mr. SRB¡¯s employment history sought to be produced or that it would be in the interest of justice and the efficient and expeditious...

The Tribunal considered that the Applicant did not establish the required irreparable damage. First, the Tribunal noted that the Applicant did not submit that she faced loss of employment or income, but rather that her placement on ALWP was ¡°detrimental and harmful to her professional work and reputation¡±. Second, by arguing that ¡°she [would] have to painstakingly re-establish her credibility and authority¡± and ¡°rehabilitate¡± her professional image, she was, in fact, arguing that these aspects can be repaired. Third, the Applicant did not provide any supporting documentation, such as a medical...

Since the ABCC was advised by a technical body its decision does not require management evaluation.

The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.

The Tribunal found that the application was not receivable in respect to the five contested decsions in the Applicant's application. The Tribunal found that, inter alia, the Applicant failed either to request management evaluation of a contested decision or because the Applicant¡¯s management evaluation was time barred. With respect to contested decision 5, the Tribunal found that the application was not receivable ratione materiae because the Applicant had failed to clearly identify a reviewable administrative decision.

The lack of justifiable explanation on the part of the Respondent for the delay from December 2018 to June 2021 could only be attributed to lack of due care and diligence, transparency, accountability and good faith. Therefore, the Tribunal held that the delay was compensable.

The Applicant proved beyond a balance of probabilities that the mental and emotional harm suffered by the dependents was directly attributable to the Administration¡¯s negligent handling of the matter.

The claim of moral harm was sufficiently proved to the requisite standard.

The Tribunal concluded that the relevant decisions to fast track the transition of the Applicant's post to Senior Gender Officer were fair, just and transparent.