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The Ä¢¹½ÊÓƵAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a Ä¢¹½ÊÓƵAT order requesting information. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...

The Tribunal was satisfied that as Head of Entity, the Head of Mission/Force Commander had delegated authority to reassign a staff member within Ä¢¹½ÊÓƵIFIL under staff regulation 1.2(c). The Tribunal further found that maintaining a harmonious work environment and the prevention of prohibited conduct was a valid operational reason for reassignment. The application was dismissed.

Ä¢¹½ÊÓƵAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. Ä¢¹½ÊÓƵAT found no merit in Mr. Kilauri¡¯s contention that the Ä¢¹½ÊÓƵDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Ms. Specker appealed. The Ä¢¹½ÊÓƵAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The Ä¢¹½ÊÓƵAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

The Secretary-General's appeal challenged the Ä¢¹½ÊÓƵDT order referring the maternity leave decision for accountability. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the Ä¢¹½ÊÓƵDT exceeded its competence since the maternity leave decision had not been challenged before the Ä¢¹½ÊÓƵDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

The various acts submitted by the Respondent¡ªGeneral Assembly resolution 76/245 (Questions relating to the proposed programme budget for 2022) dated 24 December 2021; ACABQ report A/76/7 (First report on the proposed programme budget for 2022) dated 13 August 2021; Draft Fifth Committee resolution submitted by its Chair following informal consultations A/C.5/77/L.23 (Questions relating to the proposed programme budget for 2023) dated 30 December 2022; General Assembly resolution A/RES/77/262 (Seventy-seventh session, Agenda item 138, Proposed programme budget for 2023) dated 30 December 2022...

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant¡¯s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant¡¯s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

On anonymization Article 11.6 of the Tribunal¡¯s Statute provides in its relevant part that its judgments shall be published while protecting personal data. A similar provision is contained in art. 26.2 of the Tribunal¡¯s Rules of Procedure. Given that the present case relies on medical evidence to support a claim for moral harm, the Tribunal finds that it is reasonable to redact the Applicant¡¯s name from this judgment. On the merits Based on the evidence on record, the Tribunal concluded the following. First, the Tribunal found that the two charges against the Applicant were established as per...

The Tribunal found that there was ample justification for the decision maker¡¯s plausible conclusion that the Applicant breached his obligation to disclose an actual, or possible, conflict of interest. Although only evidence on a balance of probabilities was required, the evidence presented surpassed that standard and was clear and convincing.

The fact or possibility of such personal interest could impact negatively on the perception of integrity, independence and impartiality required of the Applicant as an international civil servant. The Applicant had a duty was to disclose the actual or...

The underlying reason behind the Applicant¡¯s FTA not being renewed was the fact that he could not obtain a visa to join his duty station. In the case at hand, the Applicant was not able to demonstrate that the decision not to renew his FTA beyond its expiration date was illegal, arbitrary or tainted by ulterior motives. As per the legal framework, an FTA does not carry any expectancy, legal or otherwise, of renewal, and shall expire automatically and without prior notice on the expiration date specified in the letter of appointment. In addition, obtaining a visa was, indeed, a condition sine...