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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT acted correctly by conducting a judicial review of the case.

It found that the Ä¢¹½ÊÓƵDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the Ä¢¹½ÊÓƵAT noted that it was corroborated by colleagues who were...

a. Regarding the first contested decision, the Tribunal established that based on the evidence on record, the Organization terminated the Applicant¡¯s appointment under staff rule 9.6(c) due to the abolishment of the post that he encumbered. Accordingly, the Tribunal concluded that the termination of the Applicant¡¯s permanent appointment on the basis of abolishment of his post was procedurally proper and lawful.

b. On the second issue, the Tribunal established that based on the evidence before it, the Organization had fulfilled its obligation under staff rule 9.6(c) to make reasonable and good...

The Ä¢¹½ÊÓƵAT held that the contested decision was a separation decision hinged on expiration of an appointment, and not a termination decision based on abolition of post or reduction of staff. The former staff member did not fall within the category of staff with the right to be considered on a preferential basis for retention and the Administration did not have an obligation to find him an alternative and suitable position following the abolition or reclassification exercise.

The Ä¢¹½ÊÓƵAT observed that although the former staff member was informed in his non-renewal letter that he would be placed on...

The Ä¢¹½ÊÓƵAT held that the former staff member had a duty to promptly disclose to Ä¢¹½ÊÓƵFPA that she was under investigation when she resigned from Oxfam¨Ca fact that it considered relevant to her suitability for the position. It noted that the application form included a specific question about whether she resigned while under investigation, indicating her awareness of the Organisation¡¯s core values. The Ä¢¹½ÊÓƵAT also emphasized that her letter of appointment stated that she was responsible for providing any required information during both the application process and subsequent employment.

The Ä¢¹½ÊÓƵAT...

The Tribunal found that the 29 February 2024 decision constituted a fresh administrative decision and not a mere reiteration of the 9 August 2023 decision as argued by the Respondent.

Just as a staff member may not reset the clock by repeatedly questioning the original decision, the Organization may not freeze the clock and deprive a staff member of their right to a new decision based on new circumstances.

The substantive issue in this case was whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements. The Tribunal found that the...

The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...

The Ä¢¹½ÊÓƵAT held that the Administration¡¯s restructuring of the finance function was a genuine exercise and a proper use of the Administration¡¯s discretion in responding to evolving needs. The Ä¢¹½ÊÓƵAT did not agree that the Administration acted unfairly or unjustly in abolishing the former staff member¡¯s post. The Ä¢¹½ÊÓƵAT further held that consultation with the former staff member was not required prior to the abolition of her post.

The Ä¢¹½ÊÓƵAT found that the former staff member¡¯s dissatisfaction with the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence of workplace issues between her and her supervisor does not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that it was established that the former staff member diverted funds contributed to the United Nations Staff Union to support Ä¢¹½ÊÓƵ Staff Day to the United Nations Athletic Club (Ä¢¹½ÊÓƵAC). The Ä¢¹½ÊÓƵAT affirmed that even if the former staff member did not obtain personal gain, she misused her office for the private gain of a third party, the Ä¢¹½ÊÓƵAC, which constituted misconduct.

The Ä¢¹½ÊÓƵAT held that irrespective of what the former staff member¡¯s work environment was like, it cannot justify misconduct.

The Ä¢¹½ÊÓƵAT further held that any form of dishonest...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

The Ä¢¹½ÊÓƵAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The Ä¢¹½ÊÓƵAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The Ä¢¹½ÊÓƵAT was of the view that it was unclear what Covid-19...