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The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s conclusion on the receivability of the application but suggested that the Ä¢¹½ÊÓƵDT should have applied a different methodology for determining it.

The Ä¢¹½ÊÓƵAT held that the staff member did not have standing before the Ä¢¹½ÊÓƵDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

ST/AI/2020/5 only applies to selection decision where the selection decision is made from either (a) ¡°a list of candidates¡± that was ¡°endorsed by a central review body¡± or (b) a competitive examination roster. None of these situations apply in this case. It is unchallenged that the contested selection decision was governed by ST/AI/2010/3/Rev.1 (Staff selection system), which in sec. 3.1 provides that ¡°[t]he process leading to selection and appointment to the D-2 level shall be governed by the provisions of the present administrative instruction¡±. As per sec. 7.7 of ST/AI/2010/3/Rev.1, for a...

There is no evidence that the facts that were taken into consideration to substantiate the investigator¡¯s finding of ¡°prior conduct¡± were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant¡¯s persistency...

The decision to have the Applicant consent to an Independent Medical Evaluation ("IME") was reasonably taken in the interest of the Organization.

The Tribunal held that there was no unlawful behavior by Ä¢¹½ÊÓƵHCR in following and implementing the recommendations arising from the IME. The decision was rational, procedurally correct and appropriate.

Given the reputational risk inherent in any investigation, it was incumbent on the Applicant as a staff member applying for or occupying such a senior position as Head of the Country Office, to notify Ä¢¹½ÊÓƵFPA of the allegations, suspension and investigation. Considering the negative publicity that such a situation inevitably generates in the media, Ä¢¹½ÊÓƵFPA would have been justified in questioning the Applicant¡¯s suitability as a staff member in general and for the position of Country Representative in particular.

Accordingly, the Tribunal found that the facts anterior in this case were directly...

On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent¡¯s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.

Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...

The Dispute Tribunal had no record of any case filed by the Applicant ever having been transferred to it from JDC when the new system of internal justice at the United Nations took force in July 2009.

Taking into consideration the Applicant¡¯s subsequent failure to pursue the claim for over 12 years, and the absence of any record of a case transferred to it, the Tribunal does not consider itself seized of the application filed in 2007, before the JDC.

Therefore, the Tribunal finds that the application is not receivable.

Pursuant to Article 2.2 of the Tribunal¡¯s Statute and Article 13.1 of its Rules of Procedure, the Tribunal may suspend the implementation of a contested administrative decision pending management evaluation if the Applicant demonstrates that: The decision appears prima facie unlawful, The matter is of particular urgency, and Implementation would cause irreparable harm. These requirements are cumulative, meaning all three must be satisfied for a suspension of action to be granted. In this case, the record indicated that the Applicant¡¯s temporary contract had been extended until 11 March 2024...

Having received the management evaluation response on 25 October 2022, the Applicant had 90 days to file an application in accordance with art. 8(1)(d)(i)(a) of the Ä¢¹½ÊÓƵDT Statute, that is, by 23 January 2023, but failed to do so. Therefore, insofar that the application is premised on the management evaluation response of 25 October 2022, it is not receivable ratione temporis.

In respect to the 4 October 2022 decision, the Applicant did not request management evaluation of said decision and the application is therefore not receivable ratione materiae.

To the extent that the Applicant received...

The Tribunal held that the decision to change a staff member¡¯s reporting lines is not a reviewable administrative decision under art. 2(1)(a) of the Dispute Tribunal's Statute. The Tribunal, further, established that the contested decision did not produce direct adverse legal consequences to the Applicant¡¯s employment contract. The Applicant continued to perform his functions at the P-4 level. The only change was that he reported to different persons. Accordingly, the application was dismissed as not receivable.