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The ST/SGB/2008/5 requirement for the administration to act promptly on complaints of prohibited activity was not observed in the case of the Applicant¡¯s complaint. Ä¢¹½ÊÓƵDT required more information on the present state of the process and held that this case was suitable to remand for institution or correction of the required procedure. Ä¢¹½ÊÓƵDT suspended the proceedings and orderd the Secretary-General to advise Ä¢¹½ÊÓƵDT of the present position of the investivgation into the Applicant¡¯s complaint and whether he concurs with the remand of the case for institution and correction of the procedure under ST...

The Applicant requests the Tribunal to find that his due process rights were breached, that a copy of the report from the Investigation Panel be produced to him. There is no evidence that the Investigation Panel did not follow the applicable procedures or that his due process rights were not respected. It is within the Secretary-General¡¯s discretion as to whether or not initiate action against a staff member. The case is dismissed.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

The Ä¢¹½ÊÓƵDT decided to join both cases and following a review of the procedure followed, found both decisions to be illegal. It ordered the rescission of both decisions and that a new decision be taken on the Applicant¡¯s complaint. It also considered that the irregularities committed resulted in undue delay in the handling of the complaint, which caused the Applicant moral harm warranting compensation of 8,000 Swiss francs.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Conflict of interest: The Tribunal held that the fact that the Applicant sought to obtain a remunerated contract for his company to undertake the construction of stands rather than advise the organizers to seek an independent contractor demonstrated the existence of a real conflict of interest between his position as the CEO of a private company and his position as a staff member. Even though BINUB was...

The Tribunal concluded that there were critical procedural irregularities that rendered the investigation and the contested decision unlawful. Procedural irregularities: The Tribunal concluded that: (i) in the light of the findings of the Inspection Mission, which investigated the same complaints as the Investigation Team, it was an abuse of discretion on the part of the Respondent to establish a second body and labeling it an Investigation Team to carry out the same exercise that had been carried out by the Inspection Mission; (ii) the Investigation Team committed a number of procedural...

The Tribunal concluded that there were procedural violations that rendered the investigation and the contested decision unlawful. The Tribunal ordered rescission of the decision or compensation of six months¡¯ net base salary in lieu of rescission. Due process and procedural fairness: The Tribunal concluded that the investigation into the allegations of sexual harassment and the subsequent disciplinary process were in breach of the procedures required by ST/SGB/2008/5 and the IGO Guidelines for Conducting Investigations and that these procedural errors were sufficiently grave to render the...

The Tribunal was not persuaded by the Respondent¡¯s submission that because the Ethics Office is independent, its acts and/or omissions are not subject to judicial review. However, the Tribunal found that, given the current state of the jurisprudence, it had no option but to accept that, in accordance with the Appeals Tribunal judgments in Wasserstrom 2014-Ä¢¹½ÊÓƵAT-457 and Nartey 2015-Ä¢¹½ÊÓƵAT-544, the matters contested in the applications are not administrative decisions subject to judicial review.

Performance Notice The Tribunal finds that this Notice was not reflected in the Applicant¡¯s ePAS and was not placed on the Applicant¡¯s Official Status File. The Tribunal concludes that the Performance Notice issued to the Applicant has not, in and of itself, affected his legal rights. Having found that his legal rights were not affected by the decision to issue the Performance Notice, it is not necessary for the Tribunal to consider the Applicant¡¯s other submissions in relation to this issue. Complaint of harassment and discrimination The Tribunal considers that, having received allegations of...

The Tribunal found that the application was not receivable rationae materiae and rejected it.