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The Tribunal is satisfied that the Applicant acted diligently with respect to the filing of his request for management evaluation and met the deadlines set forth by the MEU. This is particularly relevant as the reason for the elapsed time to file such request was the attempt at informal resolution of the dispute under the auspices of the Ä¢¹½ÊÓƵOMS. The application is receivable ratione materiae. As the parties entered mediation before the Applicant¡¯s filing of a request for management evaluation, the applicable provision for the calculation of the 90-day deadline to file an application is art. 8.1...

The Tribunal found that the Applicant had filed the application without awaiting a response to his request for management evaluation. In view of this, the Tribunal found the application not receivable and dismissed it.

The Administration¡¯s decision to redeploy the Applicant to Nairobi was subject to the condition that he be medically cleared. This condition has not been met to date, and consequently, the decision has not been implemented. Therefore, none of the challenged administrative decisions have yielded any direct legal consequences in the Applicant¡¯s terms of appointment, which remain unchanged. The applications are therefore non-receivable ratione materiae. The Applicant appealed this administrative decision before the Tribunal before MEU¡¯s deadline to respond to his request for management evaluation...

The Applicant¡¯s attempt to hug V01 did not on its own qualify as an unwelcome sexual advance or request for sexual favour or verbal or physical conduct or gesture of a sexual nature or any other behaviour of a sexual nature. The Applicant¡¯s asking for V01¡¯s room number on multiple occasions did not constitute sexual harassment. The facts did not establish sexual harassment as defined in ST/SGB/2008/5 and as interpreted in various jurisprudence. The Respondent¡¯s investigations were skewed toward finding a case for sexual harassment regardless of the inadequacy of evidence to substantiate the...

In the absence of any evidence of ongoing mediation efforts or request for suspension of deadline to file an application, the Tribunal is satisfied that the Applicant, having filed his application outside of the statutory deadline. In any event, given that the contested administrative decision was notified to the Applicant on 3 April 2019, the request for management evaluation of 8 September 2019 would have missed the 60-day deadline set in staff rule 11.2 (c) to request management evaluation. Given that settlement discussions are confidential in nature, it is the parties¡¯ responsibility to...

The Applicant¡¯s appeal against the decision to place her on administrative leave is not receivable since she failed to file a request for management evaluation as required. The Tribunal found that on the preponderance of the evidence, the Administration failed to demonstrate that the Applicant shouted at two staff members as charged. It was only established that the Applicant ¡°expressed irritation¡± toward one staff member and she ¡°lost her cool¡± and ¡°spoke sharply¡± to another staff member. The Tribunal found that these behavior did not amount to harassment or abuse of authority and thus did...

The Tribunal finds that the Applicants were misled in that they were not clearly informed, despite their inquiry, that their non-participation in the written test would be taken into consideration in the evaluation of their candidacies. Thus, the Administration violated its duty to act transparently and in good faith with the Applicants. The Tribunal finds that the Administration cannot reasonably take into consideration the performance of a staff member in separate recruitment exercises, even less so when such exercises took place several years prior. The performance in prior selection...

The email identified by the Applicant as the contested administrative decision does not constitute a fresh decision but a mere restatement of a previous email. It therefore cannot be considered to produce consequences on the legal order and is therefore not a challengeable administrative decision. The Applicant failed to contest the assignment of her current functions when notified to her. Therefore, the Applicant would be barred from contesting at this point that such assignment was in non-compliance with her contractual rights or conditions of employment.

Have the facts on which the disciplinary measure was based been established? The evidence on record, including the investigation report, the coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the Applicant¡¯s contradictory statements, and the inherent probabilities of the situation in the working and living conditions, cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, the acts of sexual harassment. Do the established facts legally amount to misconduct? The Tribunal finds...

The Applicant, a Ä¢¹½ÊÓƵHCR staff member in between assignments (¡°SIBA¡±), was placed on SLWOP after having exhausted a nine-month period on Special Leave With Full Pay (¡°SLWFP¡±). The Tribunal reviewed the legality of the contested decision in light of the arguments put forward by the Applicant. Is the contested decision consistent with staff rule 5.3? The Tribunal found that the circumstances for the placement of SIBAs on SLWOP are per se exceptional and, consequently, the text of para. 139 of the RAAI is consistent with staff rule 5.3. Staff rule 5.3(f) sets the general principle that a staff...