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After consulting the Staff Regulations and Rules and the Respondent¡¯s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent¡¯s argument that a Military Officer was authorized to conduct a breathalyzer...

The ±¬ÁÏÍøAT denied the Appellant¡¯s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The ±¬ÁÏÍøAT also denied the Appellant¡¯s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The ±¬ÁÏÍøAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT observed that given...

The Applicant having failed to establish any illegality, procedural irregularity, bad faith or improper motivation in the Respondent¡¯s taking of the decision not to accept her request to withdraw her resignation, the application had to fail.

Had the Respondent not exercised his discretion to reject the Applicant¡¯s request to withdraw her resignation, he would have been compelled to rescind selection decisions already communicated and accepted by three other staff members. This would have constituted a breach of the employment contracts of the three staff members. This breach would have...

The ±¬ÁÏÍøAT considered an appeal by the Secretary-General.

The ±¬ÁÏÍøAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The ±¬ÁÏÍøAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The ±¬ÁÏÍøAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The ±¬ÁÏÍøAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The ±¬ÁÏÍøAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had made an error of fact...

The Tribunal found unsubstantiated the alleged procecural and substantive irregularities in the lateral transfer of the Applicant to the position of CEO of GPH. The Applicant was well aware of both his lateral transfer and the business model of ±¬ÁÏÍøITAR, which is dependent on external funding. Also, the Applicant's letter of appointment clearly stated that his appointment was limited to availability of funds.

Moreover, the Applicant argued that, instead of being placed on SWLOP until the end of his temporary appointment, his contract should have been terminated, pursuant to para. 9(c) of AC...

The ±¬ÁÏÍøAT held that the absence of a case management discussion and an oral hearing before the ±¬ÁÏÍøDT was not a procedural error.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The ±¬ÁÏÍøAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant¡¯s objective...

The Applicant failed to convince the Tribunal that the Administration raised in him a legitimate expectation of renewal of his FTA. An erroneously raised personnel action without a written contract does not constitute a ground for legitimate expectation of renewal.

The Tribunal agreed with the Applicant that the Staff Regulations and Rules must be applied uniformly and consistently to staff members. United Nations procedures exist to facilitate fair and transparent substantive decisions, and the failure to abide by required procedures is no mere ¡°technicality¡±, but instead undermines...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The Tribunal recalled that receivability is a condition sine qua non for judicial review.

The Tribunal noted that by the time the Applicant filed his application, he had not been formally notified of the abolition of his post and the restructuring exercise was still ongoing. Up to the date of the judgment¡¯s issuance, the situation remained the same as showed by a November 2023 email from ±¬ÁÏÍøDP to the Applicant asking him to confirm his interest in the position of Programme Assistant at the G-5 level. So far, the Applicant is still serving at the G-6 level in ±¬ÁÏÍøDP Pakistan.

The Tribunal...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The ±¬ÁÏÍøAT found that there was an error in the ±¬ÁÏÍøRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the ±¬ÁÏÍøRWA would have found her unsuitable for the role at the end of the probationary period.

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøRWA DT¡¯s methodology of fixing...

The Tribunal found that the Applicant failed to show by clear and convincing evidence that she was denied a fair chance of promotion. The contested decision was lawful as the Administration appropriately exercised its discretion in matters of staff selection. The Tribunal found no evidence to support the Applicant¡¯s view that her involvement with ¡°contentious¡± discussions with DGACM management as a Staff Union representative has any bearing on the interview process for the contested position.

The ±¬ÁÏÍøAT considered an appeal by the Secretary-General of WMO.

The ±¬ÁÏÍøAT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.

The ±¬ÁÏÍøAT was of the view that WMO¡¯s decision purporting to rescind its agreement affected the staff member¡¯s established career and personal...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the facts underlying the written reprimand were established. The ±¬ÁÏÍøAT agreed that Ms. Kamara-Joyner¡¯s advocacy for an individual staff member was outside of her roles and duties in both her capacity as a Conflict Resolution Officer for ±¬ÁÏÍøOMS and as President of ±¬ÁÏÍøPAD. The ±¬ÁÏÍøAT found that Ms. Kamara-Joyner failed to expressly seek approval for the conflict of interest between her two roles and refused to follow instructions on removing the conflict of interest. Accordingly, she was subject to a disciplinary or administrative measure. The...

The ±¬ÁÏÍøAT noted that several months after the Secretary-General had been notified of the Judgment, the only action taken was that some responses had been elicited from four staff members alleged in the complaint to have engaged in misconduct and that ¡°these responses alongside the 22 pages and 18 annexes¡± to the complaint were under review.

Noting the justification of the Secretary-General for the inaction that in the instant matter, no specific time had been set for execution, the ±¬ÁÏÍøAT held that the Administration had not acted as promptly as per the obligations imposed on it, "within a...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous¡¯ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The ±¬ÁÏÍøRWA DT applied a context-specific lump sum amount. It considered the likelihood of selection and Mr. Fanous¡¯ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

As to Mr. Fanous¡¯ request for moral damages, with regard to the First and...

The ±¬ÁÏÍøAT held that there was a clear disjunct in the ±¬ÁÏÍøDT¡¯s decision to grant Mr. Nair¡¯s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision. The ±¬ÁÏÍøAT noted the confusion presented by ±¬ÁÏÍøDT¡¯s finding that ¡°no misconduct occurred at all¡±, while at the same time accepting that Mr. Nair had ¡°repeatedly reacted and used hostile language¡± which justified, in the ±¬ÁÏÍøDT¡¯s view, the imposition of administrative measures. The ±¬ÁÏÍøAT held that the administrative measures under Staff Rule 10.2(b)...

The Tribunal found that, in the present case, there is no dispute that the decision was unilaterally made by the administration and that it involved the exercise of a power or the performance of a statutory instrument. The dispute is on whether the decision adversely affected the rights of the Applicant and produced direct legal consequences.

The Tribunal found that the Applicant¡¯s argument that ¡°±¬ÁÏÍøOPS not only decided to charge [him], but also to maintain him in an indefinite status of ¡°charged person,¡± leaving him indeterminately prosecuted; since as¡ªat the time of the Application¡ªhe had...

The ±¬ÁÏÍøAT held that the Appellant¡¯s travel was not authorized pursuant to Staff Rule 7.10 because she had just one approved day of annual leave on 24 June 2021 followed by a period of R&R from the 12 July to 16 July 2021. The ±¬ÁÏÍøAT also found that the Administration took the appropriate action by sending her on 25 July 2021 an e-mail reminding her that all the international staff members had to submit their Sudanese visa renewal application in a timely manner. The ±¬ÁÏÍøAT held that the events that delayed the Appellant¡¯s return to her duty station could not be construed as force majeure as they...

The ±¬ÁÏÍøAT declined Mr. Turk¡¯s request for an oral hearing, and found no error in the ±¬ÁÏÍøDT¡¯s decision not to order the production of additional documents.

The ±¬ÁÏÍøAT reaffirmed the legal framework which provides that staff members have no legitimate expectation of any renewal of their fixed-term appointments. The ±¬ÁÏÍøAT also confirmed that the Tribunals will not interfere with the Organization¡¯s discretion in restructuring decisions, and that the Tribunals have no authority to review General Assembly decisions related to administrative and budgetary matters. In this case, the ±¬ÁÏÍøAT held that the...