Ä¢¹½ÊÓƵ

The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024, it did not meet the definition of ¡°administrative decision¡± within the meaning of art. 2.1(a) of the Tribunal¡¯s Statute.

Because alleged negligence by United Nations officials is not a cause of action available to staff members and is beyond the jurisdiction of the Tribunal, the Applicant could not bring a claim of gross negligence.

The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024. He was required to request management evaluation within 60 calendar days from...

Having established that the Applicant was duly notified of the contested decision on 22 May 2023, the Tribunal found that the request for management evaluation should have been filed by 22 July 2023, at the latest. Since the Applicant only filed the request for management evaluation on 23 November 2023, the Tribunal further found that the application was not receivable.

As Counsel for the Applicant admitted that the Administration had already substantially settled the Applicant¡¯s tax liability claims for 2022 and 2023, the Tribunal also considered those aspects of the application as moot.

The...

The Application was granted in part.

The Tribunal rescinded the disciplinary measure of separation from service imposed on the Applicant, and ordered reinstatement or, in the alternative, compensation in lieu, calculated at two (2) year¡¯s net base salary.

In all other respects, the Respondent¡¯s decision is AFFIRMED and the Applicant¡¯s prayers refused.

The Ä¢¹½ÊÓƵDT held that imposition of a sanction is not just a mechanical exercise, since the sanction should not be ¡°more excessive than is necessary for obtaining the desired result.

A written censure would have been a suitably ¡°meaningful consequence¡± and sufficient to impress upon the Applicant the error of his actions. The record indicates that he acknowledged that he should have sought authorisation before registering his company.

The Tribunal therefore finds that the sanction in this case was disproportionate to the misconduct by adding to the written censure an additional, unnecessary...

the Tribunal rules in favour of the Applicant, concluding that she acted in good faith in her efforts to secure her son¡¯s medical treatment and in the subsequent submission of medical invoices for reimbursement.

The Tribunal finds that the contested decision terminating the Applicant¡¯s employment, was, therefore, unlawful.

A witness investigator's act of following the testimony of a Respondent witness while she was testifying contravened the ethical and procedural standards expected of a witness by decision to disregard this fundamental procedural rule not only demonstrates a potential bias but...

In the case at hand there is clearly a lack of mens rea. The Respondent failed to provide any evidence to substantiate the contention that the Applicant unlawfully made any misrepresentation or had any intent to defraud or deceive when submitting her request. She did not knowingly misrepresent or submit falsified documents. She submitted a birth certificate containing the names and occupation of both parents. She did not lie while filling her Questionnaire on Dependency Status (Form P84) as she wrote that she was single, and logically and truthfully answered ¡°N/A¡± when asked after ¡°is your...

The Tribunal held that the facts upon which the disciplinary sanction was issued were proven by claer and convincing evidence and very serious. The Applicant admitted the facts upon which the discipline was imposted. The Tribunal rejected the Applicant's various arguments for which she failed to return monies erroneously deposited to her personal account by Ä¢¹½ÊÓƵFCU, holding that there was no evidence that the Applicant was entitled to Appendix D or separation benefits, that the failure by Ä¢¹½ÊÓƵFCU to provide specifics of who had made the erroneous transfer was irrelevant. The Tribunal further...

The Rules of Procedure of the Appeals Tribunal (which were also approved by the General Assembly), expressly provide that ¡°published judgements will normally include the names of the parties.¡± Even if names were within the ambit of ¡°personal data¡±, it appears clear that this Tribunal must balance the need for accountability with the need to protect personal data according to the circumstances of each case. In so doing, it is the general practice of this judge to avoid using names, other than the parties, to protect the anonymity of innocent persons somehow involved in the case. As a victim of...

interpreting medical reports to determine the cause and extent of medical disabilities is the essence of forensic medicine and the result is clearly a medical determination.

this argument seeks to have the Tribunal second-guess the Administration¡¯s finding that the X-ray camera did not fall on the Applicant¡¯s knee in 2017. That is beyond the purview of this Tribunal. In conducting a judicial review of an administrative decision, the Tribunal must defer to the Administration¡¯s factual findings and may not substitute its own decision for that of the Administration. Moreover, it is clear from...

Le Tribunal a estim¨¦ que l¡¯ABCC avait mis un temps d¨¦mesur¨¦ (pr¨¨s de cinq ans) ¨¤ traiter la demande d¡¯indemnisation de la requ¨¦rante suite au d¨¦c¨¨s de son mari.

L¡¯objectif m¨ºme de l¡¯indemnisation d¡¯un fonctionnaire pour un pr¨¦judice subi (ou de l¡¯indemnisation d¡¯un b¨¦n¨¦ficiaire pour le d¨¦c¨¨s d¡¯un proche) est d¡¯att¨¦nuer ses souffrances et de le placer dans la situation o¨´ il se serait trouv¨¦ si le pr¨¦judice n¡¯avait pas eu lieu. ? cet ¨¦gard, la question pertinente n¡¯est pas de savoir si la demande d¡¯indemnisation est accept¨¦e ou rejet¨¦e, mais si une d¨¦cision sur la question est prise en temps...