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Ä¢¹½ÊÓƵAT first noted that neither party disagreed with the Ä¢¹½ÊÓƵDT Judgment that the contested decision was unlawful. Regarding the Secretary-General¡¯s appeal that an award in moral damages was not warranted, Ä¢¹½ÊÓƵAT disagreed with the Administration and found that the Ä¢¹½ÊÓƵDT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member¡¯s health in 2015 (a year before the contested decision). Ä¢¹½ÊÓƵAT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...

The time for requesting an administrative review runs from the date the administrative decision was received by the staff member. The respondent¡¯s refusal to fulfill the three requests of the applicant resulted in three administrative decisions. Even though these decisions were connected to the letter of reprimand they did not reiterate matters contained in the letter of reprimand and they were motivated by events subsequent to that letter.Outcome: The applicant¡¯s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.

Prima facie unlawfulness: There is positive evidence from the applicant as to what her supervisor stated and some evidence suggesting ill will on the part of her supervisor. The low test of reasonable arguability is satisfied and accordingly, the prerequisite of prima facie unlawfulness is present. Urgency: The applicant provided reasonable explanations for the delay in contesting the decision and the contract was to expire the day of the hearing; therefore, the urgency requirement is satisfied. Irreparable damage: Mere economic loss can never be irreparable since, if the applicant succeeds in...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

The application was withdrawn by the Applicant.

The charge relating to the unauthorized use of the Ä¢¹½ÊÓƵON ID card to gain access to the Ä¢¹½ÊÓƵ premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse Ä¢¹½ÊÓƵ privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the Ä¢¹½ÊÓƵ Commissary. Based on the evidence, the Tribunal found that on the balance of...

On the basis that there had been no filing since the granting of the suspension of action, Ä¢¹½ÊÓƵDT found there was no longer any matter for adjudication and the case was closed.

Ä¢¹½ÊÓƵDT reiterated that, as it had held in Adorna Ä¢¹½ÊÓƵDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. Ä¢¹½ÊÓƵDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The various letters of appointment that the applicant had received in the past contained a provision of non-expectancy of renewal. The applicant¡¯s main contention was that the non-renewal of his fixed-term appointment was an act of retaliation because he reported some allegations of financial fraud. The respondent¡¯s primary submission is that the non-renewal of the applicant¡¯s fixed-term appointment was based on unsatisfactory performance as evidenced in some PAS reports, which had later been upheld by a rebuttal panel. Ä¢¹½ÊÓƵDT found that the decision not to renew his fixed-term appointment was...

Harassment allegations: People are entitled to their opinions, even unflattering or wrong-headed, about colleagues. It is only when those opinions are conveyed in ways that constitute harassment or abuse that they become problematical in a legal sense. A genuine opinion about a colleague¡¯s competence that happens to be adverse is not susceptible of criticism. While not placing the delays of the applicant in making complaints about the matters to which he has referred on the scales against him, those delays have made it much more difficult for him to prove they occurred quite as he alleges...