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The main issue for the Tribunal¡¯s consideration in this case related to whether the abolishment of the Applicant¡¯s post leading to the non-renewal of his fixed-term appointment was lawful.

The Tribunal defined the issues to be examined in the present case as follows:

Whether the restructuring was genuine;
The evidence on record showed that the restructuring was done within the framework of the Ä¢¹½ÊÓƵ Secretariat-wide transition of Enterprise Information and Communication Technology (¡°ICT¡±) services to the cloud. ESCAP made strategic changes to implement this new approach, leading to the...

The Tribunal noted that, as stipulated in sec. 5.1 of ST/AI/2017/1, ¡°OIOS retains the ultimate authority to decide which cases it will consider and shall determine whether the information of unsatisfactory conduct received merits any action¡±.

Accordingly, the Tribunal found that the contested decision was lawful.

As the decision by OIOS not to open an investigation was found to be a lawful exercise of the Administration¡¯s discretion, there was no basis for the referral of this case to the Secretary-General for possible action to enforce accountability.

The Tribunal noted that the Applicant requested the interim measure of ¡°[s]uspension of [a]ction of the proposed separation of the Applicant¡± under art. 14 of the Rules of Procedure. The applicable rule stipulates that an application for interim measures during the proceedings must not concern appointment, promotion or termination. As this was clearly a case where the application concerned termination, the temporary relief set out in art.14 was unavailable to the Applicant.

In any event, the Tribunal noted that the contested decision had already been implemented and that the Applicant had...

The Tribunal finds that the application is not receivable ratione materiae because the Applicant, by his own admission, failed to request management evaluation of the contested decisions.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly identified several procedural irregularities in the contested decision. Pursuant to paragraph 9 of the Department of Internal Oversight Services (DIOS) Technical Instruction 02/2016 on Ä¢¹½ÊÓƵRWA¡¯s Investigation Policy (DTI 02/2016), the investigation should have been authorized within 10 days of the Intake Committee¡¯s report; yet here, the authorization to investigate took 11 months to be given. The Ä¢¹½ÊÓƵAT found that this delay was so excessive that it would distress an average person.

Analyzing the evidence presented by the staff member regarding the...

The Appeals Tribunal concluded that the Ä¢¹½ÊÓƵDT did not err in finding that the Administration had established that AAR had unlawfully disclosed confidential information and had unlawfully failed to disclose a conflict of interest and recuse himself.

The Appeals Tribunal was also satisfied that the administrative measure imposed on AAR was proportionate to his misconduct, and that the Ä¢¹½ÊÓƵDT did not commit any error in awarding moral damages for the harm AAR incurred due to the undue delay in completing the disciplinary process.

The Appeals Tribunal therefore dismissed the appeals.

The Applicant was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the Ä¢¹½ÊÓƵDT. He did not.

This case revealed overt sexual harassment where both words and physical touching were used and attempted to extract sexual favour, but even though no such favour was extracted, the harassment caused harm to the victim who was put in fear of loss of her position in the Organization and caused unnecessary tension in the staff relations between the persons involved.

In this case both words and acts were used together during a short period of persistence. When this happens in a work setting it can cause serious emotional stress and hurt. Based on the evidence this is what occurred in this case.

As a preliminary matter, the Appeals Tribunal found that Mr. Radu had failed to demonstrate exceptional circumstances to support his request for anonymity and accordingly dismissed his request.

The Appeals Board dismissed Mr. Radu¡¯s appeal in relation to Appeals Board Decision No. 1. The Appeals Tribunal found that even if the Staff Rule was to be interpreted as to require consultation with the Medical Clinic at that time, the Organization¡¯s failure to abide by the Staff Rule would not render the decision void ab initio.

Turning to the appeal against Appeals Board Decision No. 2 to...

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority. The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the Ä¢¹½ÊÓƵDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...