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On appeal, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in accepting estimates from three different hospitals in Turkey, although one such estimate dated in December 2015 (close to the date of the interventions in Geneva, November 2015) and the other two estimates were submitted much later in October 2019. Ä¢¹½ÊÓƵAT held the December 2015 estimate was a fair estimate of the medical costs. Ä¢¹½ÊÓƵAT also rejected the staff member¡¯s argument that a more favourable exchange rate (1 USD : 3 TRY), which was applicable in 2016, should have been applied to the October 2019 estimates. The Tribunal...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT and found that the evidence on the record supports the Ä¢¹½ÊÓƵDT finding that the staff member¡¯s absence from 18 January 2017 to 26 July 2018 was unauthorized, as she did not provide a duly authorized medical certificate or other justification for her failure to report to work. Ä¢¹½ÊÓƵAT also found that the refusal of the Medical Services Division (MSD) to certify the staff member¡¯s sick leave request after 18 January 2017 was reasonable and that the MSD was the competent technical body to evaluate medical certifications. Ä¢¹½ÊÓƵAT further agreed with Ä¢¹½ÊÓƵDT that the staff member had the...

Ä¢¹½ÊÓƵAT held that the staff member¡¯s appeal was defective because she did not specify which errors were committed by Ä¢¹½ÊÓƵRWA DT in arriving at its Judgment. However, given that the staff member was not legally represented, Ä¢¹½ÊÓƵAT went on to review the merits of the appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it held that the staff member did not have any right to be appointed and that the recommendation from the HR Head did not mature into an enforceable right. Second, Ä¢¹½ÊÓƵAT held that there was no entitlement to receive overtime pay since overtime must be authorized in advance and duly recorded...

The Applicant¡¯s complaints were remanded once more to the Respondent for a proper investigation in compliance with the regulatory framework. The Respondent is to provide the Applicant with a copy of her interview transcript and summary (if any) prepared by outside provider and used in the prior investigation.

The Applicant has not shown that the negative employment decision had any direct adverse consequences on her contract. The Applicant¡¯s argument that the decision was used by the Administration not to renew her temporary employment is without merit. She has not adduced any evidence to substantiate her claim. On the contrary the Respondent has shown that the temporary employment expired at the end of the maximum 364 days offered in the contract. The Applicant has failed to convince the Tribunal that the decision not to renew her temporary employment was a direct consequence of the decision from...

Receivability The Applicant¡¯s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant¡¯s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal¡¯s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...

The Tribunal finds that the recovery of CHF2,838 constituting financial loss occasioned to the Respondent through the Applicant¡¯s private phone calls is not a relevant consideration to the determination of the proportionality of the sanction. This is because the recovery is not a disciplinary measure within the meaning of staff rule 10.2(b)(ii) which expressly clarifies that recovery of monies owed to the Organisation is a not a disciplinary measure. The Applicant has failed to show that he deserves a more lenient sanction than the one imposed. His impecuniosity, resulting from the sanction is...

The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant¡¯s status as ¡°divorced¡±, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.

The Tribunal finds that the Applicant¡¯s request for management evaluation on 24?July?2019 was time-barred, and thus the present application is not receivable ratione materiae.

The Tribunal finds that, contrary to the Respondent¡¯s submissions, the Applicant¡¯s allegation that she was performing Administrative Assistant functions at the relevant time is supported by her 2016-2017 and 2017-2018 e-PASes, Personal History Profile and Letters of Appointment which were the relevant documents for purposes of the comparative review process (¡°CRP¡¯). The Applicant has successfully rebutted the presumption of regularity by proving through clear and convincing evidence that the CRP was unlawful. The administration violated its own regulations and rules governing its conduct. The...