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The Ä¢¹½ÊÓƵDT found that with respect to one of them, Mrs. V., no complaint was ever received by OAIS and the Applicant never filed a request for management evaluation concerning her; hence, the application before the Tribunal was found as not receivable on this matter. Further, the Tribunal found that the Applicant¡¯s formal complaints addressed to OAIS against her four other colleagues were untimely as they had been sent in August 2014, i.e. more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with...

The Ä¢¹½ÊÓƵDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the Ä¢¹½ÊÓƵ Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant¡¯s illness and the potential for disrupting patients of the JMS clinic. The...

The Tribunal rejected all of them as irreicevable: first, it found that the application concerning a decision to refer allegations of misconduct made against the Applicant to the Assistant Secretary-General, Office of Human Resources Management, was time-barred, as the Applicant had not filed her application within 90 calendar days of the expiry of the 45-day response period for management evaluation. Secondly, the Tribunal considered that the Applicant missed the 60-day deadline to request management evaluation for three other administrative acts she wished to contest, two of them being...

The Ä¢¹½ÊÓƵDT found that her first complaint was filed almost nine months after her separation, whereas Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority requires that such complaints be filed within 6 months from the date of the last incident. Additionally, the Tribunal found that as per said Policy, the Applicant had no legal standing to file formal complaints at the time she did so in view that she had been previously separated from service. As a result, the application was rejected.

After completing his application, at the Tribunal¡¯s request, the Applicant did not respond to 2 orders and 2 notifications from the Tribunal requesting him to submit his comments, if any, on the issue of receivability of the application raised by the Respondent in his reply. Given this, the Tribunal concluded that the Applicant was no longer interested in the outcome of legal proceedings he instituted and that the case should be closed for abandonment of proceedings.

The Tribunal deemed that it was established that in October 2013, the Applicant, a staff member of Ä¢¹½ÊÓƵHCR in Turkey, had travelled to Syria in her capacity as a member of a delegation of the Women International Democratic Federation, responding to an invitation received from the Syrian Arab Republic General Women Union. During that visit, she attended a meeting with the President of Syria during which she handed him a flag with the words ¡°Do not yield¡± in Turkish. A picture of that encounter was taken and published in a Turkish online newspaper. The Tribunal considered that in view of the clear...

She was charged with having ¡°1. Engaged in the unlawful use of government-issued customs passbooks ¡­ of two international staff members to purchase duty-free items; 2. Failed to transfer the ownership of, and pay the government tax for, a duty-free car [she] purchased from an international staff member, and [having driven it] with diplomatic license plates for at least three years; 3. Falsified the signature of ¡­ the former Deputy Representative, Ä¢¹½ÊÓƵHCR Office, Bangladesh, on a Bill of Sale on Ä¢¹½ÊÓƵHCR letterhead dated 6 June 2010; and 4. Acted improperly when, on six occasions, [she] purchased...

The disciplinary sanction was based on the finding that he had made a material misrepresentation on several personal history forms when applying for jobs. The Ä¢¹½ÊÓƵDT found that it has been established that on three occasions¡ªsometime in or around October 2011, on 25 March 2005 and on 21 February 2007¡ªthe Applicant¡¯s personal history forms incorrectly indicated he did not have ¡°relatives employed by a public international organization¡±, whereas his brother was in fact employed by the United Nations until 8 December 2008. The Ä¢¹½ÊÓƵDT found, however, that the established facts did not amount to...

The Ä¢¹½ÊÓƵDT found that the facts in this case have not been established to the required standard, that is, the alleged misconduct has not been established by clear and convincing evidence. The Respondent¡¯s case was based on inconclusive evidence linked together by certain inferences and assumptions, without other possible explanations having been given due weight and consideration. As the facts have not been established, the Applicant¡¯s actions cannot be classified as misconduct and no disciplinary measures should have been applied to the Applicant. The Ä¢¹½ÊÓƵDT found that this case was not marred by...

The Tribunal found that the Applicant¡¯s due process rights had been respected, that the facts on which the disciplinary measure was based were established and amounted to misconduct, and that the disciplinary measure was proportionate to the offence, and rejected the application. Misconduct: Under the relevant rules, misrepresentation, forgery or false certification in connection with an official claim or benefit¡ªwhich can include failure to disclose a fact material to that claim or benefit¡ªcan be ¡°wilful, reckless or grossly negligent¡±. Gross negligence is defined as ¡°an extreme or aggravated...