Ä¢¹½ÊÓƵ

The Tribunal, after hearing evidence and submissions but before reaching a determination on the merits of the case save for a finding of procedural error, decided that this was an appropriate case in which to invoke art. 10.4 of the Ä¢¹½ÊÓƵDT Statute to seek the concurrence of the Secretary-General to remand the case for institution or correction of the required procedure. The Tribunal considered it appropriate to approach the Secretary-General directly and not through Counsel who represents the SecretaryGeneral as the Respondent in this case. The Tribunal considered that such an approach would: (i...

Receivability The Tribunal found that the ASG, OHRM¡¯s failure to take action on the Applicant¡¯s complaint almost nine months after its filing, taking into account only the period that preceded the request for management evaluation, is a clear violation of the provisions of ST/SGB/2008/5. The Tribunal considered that the Administration¡¯s failure to act on the Applicant¡¯s complaint amounted to an implicit administrative decision that was subject to judicial review. The application was therefore considered receivable. Merits The Tribunal found that the failure to process the Applicant¡¯s complaint...

Preliminary matters Loss of Applicant¡¯s professional emails (potential evidence): One of the Applicant¡¯s main arguments was that allegedly exculpatory evidence in her case (emails from and to the Applicant) had been lost which affected her due process rights, thus rendering the investigation unfair and improper. The Tribunal found that the alleged email evidence was not destroyed wilfully. Rather, it was destroyed as a consequence of the negligence of a number of people. The Tribunal noted that the investigators have a very high duty to locate and preserve evidence. The investigators are also...

The issue of disclosing an investigation report is not new. It was, in fact, considered by this Tribunal in its judgments Adorma Ä¢¹½ÊÓƵDT/2010/205 and Haydar Ä¢¹½ÊÓƵDT/2012/201 as well as by Ä¢¹½ÊÓƵAT in judgment Ivanov 2015-Ä¢¹½ÊÓƵAT-519. In the latter, Ä¢¹½ÊÓƵAT entered into consideration of the non-disclosure of an investigation report despite the fact that the Secretary-General had questioned the Ä¢¹½ÊÓƵDT¡¯s jurisdiction over such a decision. The Organisation¡¯s obligations as stipulated in ST/SGB/2008/5 are an integral part of a staff member¡¯s contractual rights. They include the obligations of the Organisation and...

It was reasonable for the responsible official to determine that the status and management of the Ä¢¹½ÊÓƵJSPF is a legitimate subject of concern to staff at large and therefore comments made by staff representatives about the management of Ä¢¹½ÊÓƵJSPF concern work-related issues. In this regard, the Tribunal notes that staff rule 8.1(f) entitles staff representative bodies to effective participation in identifying, examining and resolving issues relating to staff welfare, including conditions of work, general conditions of life and other human resources policies. It also was reasonable for the...

By not seeking the Medical Director¡¯s feedback in a timely manner, the Registrar failed to take into consideration relevant matters before making the contested decision. The decision-making process was vitiated by a defect that rendered the contested decision irrational. The delay in the handling the Applicant¡¯s complaint was unjustified. The Administration lawfully acted within its discretion in fulfilling its obligations under sec. 6.4 of ST/SGB/2008/5. The contested decision is rescinded and remanded to the IRMCT. The IRMCT shall review, in consultation with DHMOSH, whether additional...

The decision not to renew the Applicant¡¯s appointment beyond 15 January 2020 was superseded by subsequent decisions that resulted in the Applicant¡¯s appointment being renewed to June 2020. Other than alleging that bias and an abuse of authority led to the superseded decision, the Applicant failed to demonstrate to the Tribunal how his rights remained adversely affected by the contested decision.

The information in the documents on record pointed to purely work-related disagreements between the Applicant and her supervisor. The Tribunal rejected the complaint that Ä¢¹½ÊÓƵICEF¡¯s Deputy Executive Director, Management (DED/M) did not take into consideration the facts in their entirety and misunderstood her statements when conducting the management evaluation. The Tribunal agreed with the finding that there was no evidence of abuse of authority or deliberate misrepresentation of facts by the Applicant¡¯s supervisor. The Tribunal held that the Applicant¡¯s complaint did not raise any impropriety...

Staff members are entitled to due process in relation to their complaints, not to a particular finding against another staff member or to a particular decision by the Organization towards another staff member. The Applicant¡¯s claims have all been comprehensively addressed by the Dispute Tribunal and the Appeals Tribunal, and the Applicant failed to establish a basis for which further remedies should be granted. The application is rejected in its entirety.

- The contested decision is receivable because it affected the Applicant¡¯s conditions of employment, and was the object of a timely management evaluation request. - There is no evidence on record that OAI¡¯s investigation of the complaints against the Applicant was mishandled. In the circumstences surrounding the investigation, there were no unreasonable decisions made which were contrary to OAI¡¯s Investigation Guidelines. The Applicant had his opportunity to refute all the allegations made, to question the circumstances and motivation behind the allegations, which he did. OAI¡¯s decision that...