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The Ä¢¹½ÊÓƵAT held that the Administration did not act unreasonably or unlawfully in requiring the staff member to work from the office two days per week. It further held that relevant considerations, including the staff member¡¯s personal and medical circumstances, were taken into consideration, and irrelevant considerations were excluded. The Ä¢¹½ÊÓƵAT also found that there was no obligation on the Administration to establish that the requested accommodations represented a disproportionate or undue burden on the workplace.

The Ä¢¹½ÊÓƵAT also found no merit in the staff member¡¯s argument that the lack of...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The Ä¢¹½ÊÓƵAT also concluded that the Ä¢¹½ÊÓƵDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The Ä¢¹½ÊÓƵAT observed that the former staff member himself identified this decision in both his Ä¢¹½ÊÓƵDT application and his management evaluation...

The Ä¢¹½ÊÓƵAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the lawfulness of the...

The Ä¢¹½ÊÓƵAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT appropriately considered the former staff member's admissions, as well as the video clip...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the Ä¢¹½ÊÓƵAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The Ä¢¹½ÊÓƵAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT dismissed the application for revision.

Accountability Referral: The Ä¢¹½ÊÓƵAT noted...

The Ä¢¹½ÊÓƵAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the Ä¢¹½ÊÓƵAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The Ä¢¹½ÊÓƵAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches ¡°for several years¡± and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The Ä¢¹½ÊÓƵAT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.

The Ä¢¹½ÊÓƵAT observed, however, that the Ä¢¹½ÊÓƵDT had accepted the staff member¡¯s averment...

The Ä¢¹½ÊÓƵAT noted the staff member had not requested a review of the decision by the United Nations Staff Pension Committee or filed an appeal to the Standing Committee, but rather had filed a request for management evaluation and then had applied to the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT found that, as such, he had not followed proper procedure. The Ä¢¹½ÊÓƵAT held that there was no authority for receiving an application by the Dispute Tribunal with regards to a pension decision. The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT had not erred when it held that it did not have jurisdiction to undertake a judicial review of the contested...

The Ä¢¹½ÊÓƵAT held that by requesting management evaluation of the negative outcome of the reclassification process, the staff member breached procedural prerequisites. Instead, he should have appealed the contested decision as laid down in Sections 5 and 6 of ST/AI/1998/9 (System for the classification of posts). As the staff member¡¯s application was not receivable, the Ä¢¹½ÊÓƵAT found that it could not consider his submissions and additional evidence concerning the merits of the case. The Ä¢¹½ÊÓƵAT denied the staff member¡¯s request for compensation in light of its decision to affirm the impugned...

The Ä¢¹½ÊÓƵAT found that an objective reading of the staff member¡¯s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The Ä¢¹½ÊÓƵAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The Ä¢¹½ÊÓƵAT therefore held that the Ä¢¹½ÊÓƵRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...