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The Applicant does not contest the fact that he became aware of the contested decision at the latest on 31 December 2021, when he separated from service, and that he requested management evaluation of the contested decision on 15 April 2023, more than a year after the statutory deadline.

To justify the delayed submission of his request for management evaluation, the applicant points to his medical condition. The Tribunal is however not competent to ¡°suspend or waive deadlines for management evaluation¡± (art. 8.3 of its Statute).

Accordingly, the Tribunal found that the Applicant¡¯s request...

The Tribunal is seized of an application where the staff member contests the termination of her permanent appointment and separation from service due to unsatisfactory performance. The evidence shows that the Applicant¡¯s performance was rated as either ¡°partially meets performance expectations¡± or ¡°does not meet performance expectations¡± since 2015, except for one cycle in which she ¡°fully met¡± expectations. The Applicant only rebutted one of these performance evaluations, which, however, was upheld by the rebuttal panel. Accordingly, all of these performances evaluations are binding on the...

The Applicant erred in her assessment that OIOS is not part of the Administration and that its decision does not constitute a final challengeable administrative decision. Indeed, OIOS is part of the Secretariat. It ¡°operates under the authority¡± of the Secretary-General, albeit its operational ¡°independence¡±. Accordingly, decisios made by OIOS can constitute, in fact, final administrative decision. The fact that the Applicant made two reports, namely one to OIOS and one to the Administration, did not create a duty on any other person or office to make a final decision, given that the...

It is incumbent on the Applicant to allege and to prove that her complaint was not handled following the applicable procedures and/or that there was a failure to properly assess relevant and available evidence, which led to a manifestly unreasonable decision. After a careful review of the case file and the evidence before it, the Tribunal has not identified any procedural irregularity committed by OIOS in its preliminary assessment nor any wrongdoing. Instead, the Tribunal finds that the decision to close the complaint without any further action was well?substantiated and in line with the...

The Applicant¡¯s request for management evaluation on 15 November 2021 against the ineligibility to the education grant for French nationals residing in neighbouring France and serving in Geneva was time- barred. As such, this aspect of the application is not receivable ratione materiae. Nevertheless, considering the circumstances of the case, the 22 September 2021 Administration¡¯s denial of the Applicant¡¯s 2020/2021 education grant claim constitutes a new administrative decision. As such, the 60-day deadline for requesting management evaluation of this decision started to run from 22 September...

The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01¡¯s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01¡¯s testimony, in opposition to that of the Applicant, establishing V01¡¯s credibility is an essential exercise for a proper adjudication of the case.

However, the investigation failed to adequately establish the reliability of...

Having received the notification of the disciplinary measure on 20 March 2023, the Applicant should have filed his application at the latest by 19 June 2023. The evidence on record shows, however, that the Applicant only filed his application on 21 June 2023.

In his submission dated 17 July 2023, the Applicant recognized his lateness and asked the Tribunal to exceptionally receive his application for several reasons. These reasons are not supported by evidence, and the Applicant did not explain how the alleged challenges impacted his ability to timely file his application.

While there are...

Whether the application is receivable

Having reviewed the application in its entirety, the Tribunal notes that the Applicant identified the decision of 1 October 2021 as the final administrative decision, and that in his request for management evaluation he explicitly listed the decision of 1 October 2021 as the decision to be evaluated.

Noting the difference in the fundamental element of the decisions of 12 August 2021 and 1 October 2021, i.e., the amount of the overpayment to be recovered, the Tribunal cannot but conclude that the decision of 1 October 2021 constitutes a new administrative...

The Applicant essentially contests the Administration¡¯s execution of Judgment Ozturk 2018- Ä¢¹½ÊÓƵAT-892, i.e., the Administration¡¯s reimbursement of USD41,173 made on 7 May 2019 for excess salary deducted pursuant to a child support court order.

While the Applicant sought to identify the Ä¢¹½ÊÓƵMIK Administration¡¯s email response dated 19 January 2023 as a contested decision, that email merely constitutes a mere reiteration of the Administration¡¯s decision of 7 May 2019, and thus it does not constitute a new administrative decision.

The Applicant first became aware of the contested decision on 7 May...

An application before the Dispute Tribunal shall be filed within 90 calendar days of the receipt of the management evaluation outcome, not the date at which a staff member acknowledged its receipt.

In addition, statutory time limits are calculated in the time zone of the Tribunal¡¯s seat having geographical jurisdiction over the matter, not according to the location of the Applicant or the Respondent.

As a result, having received the management evaluation response on 2 December 2022.

the Applicant should have filed her application at the latest by 2 March 2023.

However, having only filed...