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Improper motives: The Tribunal held that the non-renewal of the Applicant¡¯s contract was motivated by improper motives in view of the fact that: (i) the Applicant¡¯s relationship with the Ä¢¹½ÊÓƵ Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant¡¯s deputy, who had unsuccessfully competed for the Applicant¡¯s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...

Harassment: The Tribunal held that the Applicant¡¯s actions in sending caustic emails and nude photographs of Ms. M, a MONUC staff member he had dated, to other United Nations staff members at their official United Nations email addresses and to their private email addresses constituted harassment within the meaning of ST/SGB/2008/5 in that the emails sought to belittle, humiliate and embarrass Ms. M and to compromise her reputation in a professional context. Proportionality of the sancton: The Tribunal held that the sanction was proportionate due to the fact that the Applicant¡¯s conduct on...

An ¡°effective remedy¡± under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant¡¯s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent¡¯s repeated renewal of the Applicant¡¯s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.

The Tribunal finds that the cancellation of the second selection exercise and its subsequent recommencement were, in the circumstances, appropriate and lawful in view of the strong representations by the Staff Council and the complaints raised regarding the selection exercise. However, there were excessive and unjustifiable delays in concluding the selection process. The Organization also consistently and without just cause failed to respond to the Applicant¡¯s reasonable requests for information and action. The delays in question as well as the failure to respond to the Applicant¡¯s enquiries...

The Ä¢¹½ÊÓƵDT found that there was a breach of the post selection process but that the Applicant did not suffer any damages as he did not meet one of the core competencies for the post. The Applicant has not put forward any evidence that the vitiated selection process with regard to the Post resulted in him suffering damages of any kind. Consequently, the application is granted with regard to the breach of ST/AI/2006/3 however no award of compensation is warranted.

Upon review, the Tribunal concluded that the Applicant did not commit the misconduct of providing false information in his annual leave report. The Respondent correctly established the facts for the remaining charges of the misconduct. However, the Respondent did not fully take into account all the mitigating circumstances when determining the appropriate disciplinary sanction. The Tribunal found the disciplinary measure disproportionate to the misconduct and modified it. The contested decision is rescinded. The disciplinary measure of separation from service with compensation in lieu of...

The Applicant does not deny that her claim for compensation regarding two claims under Appendix D to the Staff Rules was time-barred. Rather, she submits that the record shows that the delay incurred by her in submitting a claim to the ABCC was the result of her being unable to obtain clear advice from HRMS regarding the process to follow with regard to submitting a claim to the ABCC. The ABCC decision is partially rescinded and the Applicant¡¯s request for the reimbursement of the Ayurveda treatment is remanded to the ABCC for a fair and full consideration. The Tribunal included observations...

The Tribunal ruled that the transfer within the recipient organization does not fall within the Tribunal¡¯s jurisdiction and that, hence, the application was irreceivable ratione materiae in this respect. Regarding Ä¢¹½ÊÓƵICEF's alleged failure to intervene to prevent the Applicant¡¯s reassignment, while conceding that the Organization has a duty of care vis-¨¤-vis its employees, the Tribunal found that such duty had not been breached in this case, since the Applicant informed Ä¢¹½ÊÓƵICEF of her reassignment only a few days before she ceased being a Ä¢¹½ÊÓƵICEF staff member following her inter-organization...

The Tribunal found that within Ä¢¹½ÊÓƵFPA, the authority to place a staff member on SLWFP rests with the Ä¢¹½ÊÓƵFPA Executive Director, and that his authority was not duly delegated to another Ä¢¹½ÊÓƵFPA Official. In view of that, the Tribunal concluded that the decision-maker did not have the competence to take the contested decision, ordered its rescission and awarded USD1,000 to the Applicant as moral damages for the breach of her rights due to that fundamental procedural flaw. The compensation was restricted to the fact that the Applicant had stated on several occasions that while she did contest the...