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The decisive fact relied on by the Secretary-General to justify a revision of the ±¬ÁÏÍøAT judgment is said to be that Mr. Russo-Got inserted false information in his candidature regarding his alleged experience with NATO. The Secretary-General submits that he first became aware of this fact formally when it was made known to ±¬ÁÏÍøOPS after the issuance of the ±¬ÁÏÍøAT judgment.

±¬ÁÏÍøAT held that the facts advanced by the Secretary-General, namely the allegedly false information Mr. Russo-Got had inserted in his candidature, could not be decisive of the Secretary-General¡¯s case and enable him to now...

Mr. Zeid appealed. As a preliminary matter, ±¬ÁÏÍøAT dismissed Mr. Zeid's request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties; and that an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly found that there was no evidence of a request for decision review, that the e-mail exchanges whereby Mr. Zeid had made inquiries regarding the reasons for the contested decision were not a request for decision review, but rather were informal attempts to...

±¬ÁÏÍøAT noted that ±¬ÁÏÍøRWA DT¡¯s analysis of whether Mr. Faour had timely requested review of the decision not to renew his contract, the ±¬ÁÏÍøRWA DT focused on Mr. Faour¡¯s omnibus letter (of 17 December 2018) to his superior containing many complaints, including a request for review of his performance review, but no request for review of the contested decision (the non-renewal of his contract). ±¬ÁÏÍøAT found, however, that other correspondence from Mr. Faour that was within the statutory 60 days to request a decision review did fulfill the minimum criteria required by ±¬ÁÏÍøAT judgments: it identified the...

Whether there was a genuine restructuring process In the present case, there is no evidence that the restructuring exercise was not genuine. Instead, the evidence shows that there was a genuine, large-scale restructuring, and this resulted in numerous staff members and non-staff personnel being separated from service. The restructuring of WSSCC was in effect the shutting down of WSSCC and the establishment of the SHF. Moreover, the strong donor support shows that it was a genuine restructuring. As the donors have a fundamental objective to ensure that the funds they provide are appropriately...

The Tribunal found that with clear and convincing evidence, the Respondent only managed to establish that the Applicant intended to assert some, albeit ineffective, pressure on BM in the hiring process of daily workers. Under Sanwidi, the Tribunal found that the termination of the Applicant¡¯s appointment was manifestly incorrect and led to a disproportionate outcome. The contested decision was therefore unlawful.

Considering its findings on the unlawfulness of the contested decision, the Tribunal found that the most appropriate remedy would be to rescind this decision (in comparison, see...

Scope of judicial review and the contested decision The Applicant described the contested decision as a failure to implement ¡°measures to promote a harmonious work environment and protect personnel from prohibited conduct through preventive measures¡±. As remedies, the Applicant sought damages for moral harm and emotional distress resulting from the Administration¡¯s breach of its duty to ensure a harmonious work environment. Accordingly, the Applicant seeks to contest the Administration¡¯s failure to take appropriate measures to promote a harmonious work environment and protect him from...

In sum, considering the nature and gravity of the Applicant¡¯s misconduct, as well as the past practice of the Organization in matters of comparable misconduct, the Tribunal finds that the imposed disciplinary and administrative measures were adequate in light of the Administration¡¯s scope of discretion in this matter.

The Tribunal finds that the Respondent¡¯s explanation as to why the Applicant¡¯s post was the one chosen for abolition is well substantiated. There was a genuine large scale restructuring due to severe budget cuts, which resulted in other staff members being separated from service, including the Applicant, and there was a legitimate explanation for the recruitments and vacancies that were not cancelled. The presumption of regularity was satisfied. Since the Applicant cannot convincingly show why his post should not have been abolished even though the posts of dozens of other staff members...

Whether the facts on which the disciplinary measure was based have been established In determining whether the standard of proof has been met, the Tribunal ¡°is not allowed to investigate facts on which the disciplinary sanction has not been based and may not substitute its own judgment for that of the Secretary General¡±. Thus, it will ¡°only examine whether there is sufficient evidence for the facts on which the disciplinary sanction was based¡± (see Nadasan 2019-±¬ÁÏÍøAT-918, para. 40). As such, the Tribunal considers to be irrelevant the Applicant¡¯s submission that the facts on which the...

On the due process prong, the Tribunal concluded that the alleged failures and shortcomings in the investigation process did not prejudice the Applicant¡¯s case. 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 found that the Applicant had discussed an amended procurement bid to enable LL to be awarded the procurement contract; that, as a result, the bid was fraudulently amended and with the Applicant¡¯s acquiescence. Thus, the Tribunal held that the Respondent had...

In the current case, the Applicant only filed his request for management evaluation one calendar day before his application to the Dispute Tribunal and is yet to receive a response by management to his submission. Under staff rule 11.2(d), the Administration has 30 days to provide the management evaluation if the staff member is stationed in New York and 45 days if s/he is stationed outside New York. In the circumstances, the Applicant¡¯s application is premature and therefore not receivable.

Whether the application is receivable in its entirety Although the Applicant questioned the legality of the threshold to qualify for a single parent allowance, contained in sec. 4.4 of ST/AI/2018/6, it must be understood as part of his legal reasoning or arguments and cannot be considered as the ¡°contested decision¡± as suggested by the Respondent. Indeed, the Applicant does not claim in the abstract that the requirement contained in sec. 4.4 of ST/AI/2018/6 is unlawful but rather seeks to challenge the direct and individual application of the specific requirement to his case as it adversely...

The Tribunal observed that the Applicant¡¯s complaint involved one specific incident, i.e., a chain of emails where his performance was being criticized, which evolved into two managerial decisions by his supervisors: a transfer of functions and instauration of a PIP. The Applicant perceived those emails as harassment. However, for a staff member¡¯s behaviour to be punishable as constituting the disciplinary offence of harassment pursuant to ST/SGB/2019/8, the analysis of said behaviour must pass a two-fold test: it must be found ¡°improper and unwelcome¡± and ¡°might reasonably be expected or be...

The logical consequence of rescinding the contested administrative decision would be to remand the case to DHMOSH for a new consideration in light of the Tribunal¡¯s findings in the present case. As the basic legal premise for the contested administrative decision was flawed, the Tribunal find that this would be the most appropriate remedy in the present case (in line herewith, see the Appeals Tribunal in Gueben et al. 2016-±¬ÁÏÍøAT-692, para. 48). In this regard, the Tribunal notes that it has no jurisdiction as to directing the work of a potential medical board or the ABCC. The Tribunal finds...

The application can be decided through a summary judgment as there was no controversy on the facts, and the legal matter at stake was already been decided by this Tribunal in its Judgment Krioutchkov ±¬ÁÏÍøDT/2021/052.

The Applicant decided not to participate in the written assessment, which was a compulsory step in the recruitment process. It follows that his non-selection for the vacant post was exclusively a consequence of his own actions and, as per Loeber 2018-±¬ÁÏÍøAT-836, he stopped himself from contesting the selection outcome.

Although the schedule of the written assessment was probably...

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The Applicant¡¯s roster membership did not give her a right to appointment to FS-5 positions and did not give her a right to be placed against available positions on a priority and non-competitive basis. The Organization has no obligation to assist a staff member affected by downsizing to obtain a non-competitive promotion. The Administration¡¯s obligation is to make proper, reasonable, and good faith efforts to assist the Applicant in finding an alternative post at her level or at a lower grade but not at a higher level.

Regarding the applicable Appendix D to the present case, the Tribunal notes that in the current Appendix D (ST/SGB/2018/1/Rev.1), it is stated that ¡°[f]or claims filed for incidents that occurred prior to the entry into force of the present revised rules, the previously applicable rules will be applied¡± (see art. 6.1(b)). According to the Applicant¡¯s own factual submissions, whereas his compensation claim was submitted on 29 June 2018, it concerned incidents that occurred somewhere between 2015 and until his medical leave started in August 2017. The applicable Appendix D is therefore one...

The Tribunal made the following observations: (a) staff rule 8.1(d) governs staff relations and specifically empowers polling officers to conduct elections of staff representatives based on applicable rules and regulations on staff elections, (b) staff rule 8.1(d) makes no reference whatsoever to any staff member¡¯s individual contractual right, and (c) if there was any dispute concerning staff rule 8.1(d) on secrecy and fairness of the vote, the provision does not regulate modalities for resolving that dispute.

Staff rule 8.1(d) and staff regulation 8.1(b) do not apply to any individual staff...

The Tribunal held that neither claim (i), (the decision to continue to conduct an investigation) despite the Applicant's claimed medical condition, nor claim (ii) (the refusal to convene a medical board to examine it), had produced a decision of direct negative consequences for the Applicant. The impact, if any, of these decisions on the outcome of the disciplinary process will be examined in relation to his application against the disciplinary measure. Accordingly, the application, in relation to claims (i) and (ii) was dismissed as not receivable.