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The Tribunal rejected the Applicant¡¯s arguments and found that the decision to recover a portion of the Applicant¡¯s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

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 Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner. The application is therefore not receivable ratione materiae.

The Applicant¡¯s contention in respect of his putative privileges and immunities as a staff member of the United Nations is misconceived. Section 20 of the Convention on the Privileges and Immunities of the United Nations is clear: Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the...

The Tribunal found that the application was premature, as it concerned a recruitment process that was still ongoing and for which there had been no selection decision. The decision not to invite the Applicant for an interview was an intermediate step that was not a final reviewable administrative decision. Consequently, the application was not receivable ratione materiae.

The Applicant¡¯s request for management evaluation pertains solely to the decision to withdraw his offer of employment based on a negative reference verification. Accordingly, the only decision that could be subject to a suspension of action order is the withdrawal of the offer. The Applicant¡¯s impending separation from service, however, is a natural consequence of the temporary appointment he voluntarily accepted. It is not part of the contested decision. As a result, the application is not receivable insofar as it seeks to challenge the ¡°implementation of [the Applicant¡¯s] separation from...

The Ä¢¹½ÊÓƵAT noted with concern that the JAB had been dismantled temporarily without prior warning given to ISA staff members and with no reasons provided by the Administration; it was also alarming that the Administration had dismantled the JAB with no successor in place, denying the staff members access to justice in the interim. The Ä¢¹½ÊÓƵAT found that there were no judgments or decisions from the JAB against which the Ä¢¹½ÊÓƵAT could evaluate the requested relief. The Ä¢¹½ÊÓƵAT held that the motions had become moot as the JAB had since been reconstituted and a panel to consider the requests for suspension...

The Tribunal found the application to be receivable on the basis that a negative performance rating does produce legal consequences for the affected staff member and is reviewable.

In the Tribunal¡¯s view, the Respondent failed to show that the USG engaged the Applicant in a proper performance discussion or provided sufficient feedback of a performance shortcoming as required by secs. 7.1, 7.2 and 10.1 of ST/AI/2021/4. he Tribunal found no evidence of a discussion between the USG and the Applicant which could be classified as a performance milestone discussion, one which sets out clear targets...

The Tribunal was mindful of the Organization¡¯s ¡°zero-tolerance¡± policy against sexual harassment and abuse as well as of the need for the Organization to protect its reputation and the integrity of the workplace.

The Tribunal noted that the standard required at the stage of imposing the administrative leave without pay ("ALWOP") is not ¡°clear and convincing evidence¡± but ¡°reasonable grounds to believe¡±, which is a lower standard. On balance, the Tribunal was satisfied that the initial phases of the investigation uncovered sufficient evidence to support a reasonable suspicion that the Applicant...