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A staff member¡¯s duty to abide by managerial instruction lies at the heart of employment relationships and the Tribunals are expected to accord a measure of deference to managerial authority, including in setting performance standards (see, Applicant 2020-Ä¢¹½ÊÓƵAT-1030, para. 34).

The Applicant has not demonstrated any procedural or substantive breach of his rights. In the absence of any evidence that the performance standards applied by Ä¢¹½ÊÓƵICEF are manifestly unfair and irrational, the Tribunal cannot substitute its decision for that of the decision-maker to overturn the contested decision.

Accordin...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months¡¯ non-payment of his salary. However, the Ä¢¹½ÊÓƵAT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months¡¯ non-payment was timely, rendering his application partially receivable.

The Ä¢¹½ÊÓƵAT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had appropriately concluded that Mr. Issa failed to submit a timely Request for Decision Review regarding the first of three months¡¯ non-payment of his salary. However, the Ä¢¹½ÊÓƵAT held that, since each non-payment constitutes a separate administrative decision, Mr. Issa's Request for Decision Review regarding the second- and third-months¡¯ non-payment was timely, rendering his application partially receivable.

The Ä¢¹½ÊÓƵAT further concluded however, that since Mr. Issa disregarded a directive circulated before his annual leave (when he was able to check his e-mail)...

The Ä¢¹½ÊÓƵAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The Ä¢¹½ÊÓƵAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the Ä¢¹½ÊÓƵDT would have impacted the decision of the case.

The Ä¢¹½ÊÓƵAT found that the staff member had not received a wrong performance rating and that the Ä¢¹½ÊÓƵDT had not misrepresented or failed to give...

The Ä¢¹½ÊÓƵAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The Ä¢¹½ÊÓƵAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the Ä¢¹½ÊÓƵDT would have impacted the decision of the case.

The Ä¢¹½ÊÓƵAT found that the staff member had not received a wrong performance rating and that the Ä¢¹½ÊÓƵDT had not misrepresented or failed to give...

In the context of the present case, the Tribunal finds that the electronic UMOJA notifications regarding the Applicant¡¯s time and attendance records, which were automatically sent to him on a monthly basis during the relevant four-year time period, were nothing but status updates on his leave records. None of the status updates therefore constituted separate and individual administrative decisions in accordance with art. 2.1(a) of the Dispute Tribunal¡¯s Statute against which the Applicant must file a request for management evaluation in accordance staff rule 11.2.

Applying either evidentiary...

The Applicant disputed whether the Office of Internal Audit and Investigations (¡°OIAI¡±) decision not to initiate an investigation into his complaint of alleged harassment and abuse of authority was lawful, reasonable, and fair. He asserted that while work-related matters normally do not constitute prohibited conduct, Ä¢¹½ÊÓƵICEF¡¯s Policy on Prohibited Conduct does not exclude performance-related matters from being considered harassment and abuse of authority.

The issue before the Tribunal was determining whether the Applicant¡¯s contentions fall in the scope of regular disagreements on work...

The Ä¢¹½ÊÓƵAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant¡¯s attorney¡¯s personal circumstances.

The Ä¢¹½ÊÓƵAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had erred in fact and law in dismissing Mr. Khan¡¯s application as not receivable ratione temporis. It concluded that Mr. Khan¡¯s exceptional circumstances¡ªincluding severe flooding disrupting internet service and affecting his ability to access e...

The Tribunal found that the Applicant¡¯s appointment was lawfully terminated under staff regulation 9.3(a)(i) following the termination of MINUSMA¡¯s mandate. The Tribunal found that there is no basis for the Applicant¡¯s claim that the Administration unlawfully terminated his appointment early because of his health. The Tribunal found that the Applicant¡¯s reliance on ST/AI/2019 and ST/AI/1999/16 was misguided since his appointment was not terminated on health grounds.

The Applicant¡¯s request for RC to prepare questions for the ACABQ members to ask the USG/OSAA about the issues that the Senior Managers had been contesting in the office was a breach of staff regulation 1.2(i) which provides that ¡°[s]taff members shall exercise the utmost discretion with regard to all matters of official business. They shall not communicate to any Government, entity, person or any other source any information known to them by reason of their official position that they know or ought to have known has not been made public, except as appropriate in the normal course of their...