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The Tribunal noted that the issue of contention was whether a staff member seconded to the Secretariat, from a fund or programme in the United Nations System, is ¡°serving with the United Nations Secretariat under a fixed-term appointment¡± for purposes of eligibility for a continuing appointment. At the time of the contested decision, the Applicant was a staff member of Ä¢¹½ÊÓƵICEF (a Programme) but serving on secondment in Ä¢¹½ÊÓƵEP (part of the Secretariat).

Based on the evidence on record, the Tribunal concluded that it was clear that under the Inter-Organization Agreement and the letters of...

The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT did not err in finding that two periods of delay in addressing the former staff member¡¯s complaints was not evidence of bias against her. The Ä¢¹½ÊÓƵAT held that delay alone is not indicative of bias.

The Ä¢¹½ÊÓƵAT further held that the former staff member¡¯s claims related to a certain press release had been decided by prior Tribunal judgments and could not be relitigated.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT correctly confirmed that the establishment of the fact-finding Panel, its process of fact-finding and reporting, and its interactions with the former staff member as...

The Tribunal noted that by Order No. 160 (NBI/2024) issued on 9 December 2024, it directed the Applicant to provide a copy of the contested administrative decision and proof of his management evaluation request. Whereas the Applicant filed a response to Order No. 160 (NBI/2024) on 20 December 2024, he failed to provide the requested documents. The Tribunal also observed that the Applicant failed to provide the documents up to the date of the issuance of the judgment.

In line with the above, the Tribunal recalled that its Statute places on the Applicant the burden of establishing ¡°non...

Regarding claim 1, the Tribunal held that based on the evidence on record, the Applicant did not provide any evidence that could prove any form of misconduct against the OIOS or Ä¢¹½ÊÓƵIFIL officials who handled his complaint. Accordingly, claim 1 was rejected.

For claim 2, the Tribunal noted that, upon his request, via emails dated 22 August 2024 and 31 October 2024, the OIOS provided the Applicant with an explanation for the closure of his Complaint without investigation. Therefore, claim 2 was found to be moot.

Claim 3 was found not receivable. The Tribunal held that the outcome of a management...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The Ä¢¹½ÊÓƵAT further...

The Ä¢¹½ÊÓƵAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The Ä¢¹½ÊÓƵAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the Ä¢¹½ÊÓƵAT Statute, and was denied.

The Ä¢¹½ÊÓƵAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The Ä¢¹½ÊÓƵAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the Ä¢¹½ÊÓƵAT Statute, and the application was denied.

The Ä¢¹½ÊÓƵAT held that there was no error of law or fact by the Ä¢¹½ÊÓƵDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The Ä¢¹½ÊÓƵDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the Ä¢¹½ÊÓƵDT¡¯s assessments of the occurrence and significance of the events. The Ä¢¹½ÊÓƵDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The Ä¢¹½ÊÓƵAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the Ä¢¹½ÊÓƵDT to conclude that the Administration had failed to establish the medical...

The Ä¢¹½ÊÓƵAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the Ä¢¹½ÊÓƵAT to reject it. The Ä¢¹½ÊÓƵAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The Ä¢¹½ÊÓƵAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.

The Ä¢¹½ÊÓƵAT was of the view that the request for execution relied on the staff member¡¯s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The Ä¢¹½ÊÓƵAT further noted that the Judgment had...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT acted correctly by conducting a judicial review of the case.

It found that the Ä¢¹½ÊÓƵDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the Ä¢¹½ÊÓƵAT noted that it was corroborated by colleagues who were...

a. Regarding the first contested decision, the Tribunal established that based on the evidence on record, the Organization terminated the Applicant¡¯s appointment under staff rule 9.6(c) due to the abolishment of the post that he encumbered. Accordingly, the Tribunal concluded that the termination of the Applicant¡¯s permanent appointment on the basis of abolishment of his post was procedurally proper and lawful.

b. On the second issue, the Tribunal established that based on the evidence before it, the Organization had fulfilled its obligation under staff rule 9.6(c) to make reasonable and good...

The Ä¢¹½ÊÓƵAT held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The Ä¢¹½ÊÓƵAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...

The Ä¢¹½ÊÓƵAT held that the former staff member had a duty to promptly disclose to Ä¢¹½ÊÓƵFPA that she was under investigation when she resigned from Oxfam¨Ca fact that it considered relevant to her suitability for the position. It noted that the application form included a specific question about whether she resigned while under investigation, indicating her awareness of the Organisation¡¯s core values. The Ä¢¹½ÊÓƵAT also emphasized that her letter of appointment stated that she was responsible for providing any required information during both the application process and subsequent employment.

The Ä¢¹½ÊÓƵAT...

The Tribunal found that the 29 February 2024 decision constituted a fresh administrative decision and not a mere reiteration of the 9 August 2023 decision as argued by the Respondent.

Just as a staff member may not reset the clock by repeatedly questioning the original decision, the Organization may not freeze the clock and deprive a staff member of their right to a new decision based on new circumstances.

The substantive issue in this case was whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements. The Tribunal found that the...

The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...

The Ä¢¹½ÊÓƵAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The Ä¢¹½ÊÓƵAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The Ä¢¹½ÊÓƵAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The Ä¢¹½ÊÓƵAT found that the former staff member¡¯s dissatisfaction with the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that it was established that the former staff member diverted funds contributed to the United Nations Staff Union to support Ä¢¹½ÊÓƵ Staff Day to the United Nations Athletic Club (Ä¢¹½ÊÓƵAC). The Ä¢¹½ÊÓƵAT affirmed that even if the former staff member did not obtain personal gain, she misused her office for the private gain of a third party, the Ä¢¹½ÊÓƵAC, which constituted misconduct.

The Ä¢¹½ÊÓƵAT held that irrespective of what the former staff member¡¯s work environment was like, it cannot justify misconduct.

The Ä¢¹½ÊÓƵAT further held that any form of dishonest...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

The Ä¢¹½ÊÓƵAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The Ä¢¹½ÊÓƵAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The Ä¢¹½ÊÓƵAT was of the view that it was unclear what Covid-19...