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Given the complexity and significance of the issues presented in this case, the assigned Judge requested the formation of a Three-Judge Panel, in accordance with Article 10.9 of the Tribunal¡¯s Statute and Paragraph 4 of Practice Direction No. 1. Pursuant to the authorization of the President of the United Nations Appeals Tribunal, the following Judges were appointed to the Panel: Judge Sun Xiangzhuang (Presiding), Judge Joelle Adda, and Judge Sean Wallace.

The Ä¢¹½ÊÓƵAT held that the motion was not receivable because the impugned Order was not appealable and the Ä¢¹½ÊÓƵDT had acted within its competence and jurisdiction in finding that the non-renewal decision had been prima facie lawful. The Ä¢¹½ÊÓƵAT found that the staff member¡¯s request for reinstatement to his previous position could be considered as ¡°temporary relief to prevent irreparable harm¡± but it was instead an interlocutory appeal of the denial of the suspension of action which was not permitted. The Ä¢¹½ÊÓƵAT also noted that granting the staff member¡¯s request would not maintain consistency with the...

The Tribunal found that the sanction imposed was proportionate under all the relevant circumstances. Given the serious and protracted nature of the misconduct, and the Applicant¡¯s failure to correct his misconduct despite repeated input from others, it was clear that a non-disciplinary ¡°administrative action¡± would not have achieved the required result. Following its detailed examination of the evidence on file and, particularly, the testimonies heard at the hearing on the merits, the Tribunal found that the sanction of demotion and deferred promotion eligibility was suitable to the facts and...

The Tribunal found that the Applicant had not met the requisite standard to rebut the presumption that the restructuring was genuine and therefore a valid reason for not renewing her FTA.

Receivability
The Tribunal reviewed the Applicant¡¯s request for management evaluation and found that only the decision not to consider him eligible for a temporary appointment through the Talent Pool, at the P-2 level, was receivable and subject to judicial review. Any other decision to which the Applicant referred in his submissions was consequently not receivable.

Merits
The Tribunal referred to the applicable legal framework as well as to the evidence on record and noted that the practice is to only consider experience at the G-6 level and above (or equivalent experience outside of the Ä¢¹½ÊÓƵ...

The Tribunal was unpersuaded by the Applicant¡¯s claim that his participation in the Staff Day activities was ¡°essentially private conduct not involving [United Nations] resources¡± or that this was ¡°essentially a voluntary, social event¡±. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely ¡°generic obligations¡± but are specifically intended to apply ¡°in all matters affecting [a staff member¡¯s] work and status¡±. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

Under the definition of fraud, the Tribunal observed that the question of the Applicant¡¯s own benefit is not a required element to establish a finding of fraud. Rather, if found that by a misrepresentation, she intentionally deceived the 2017 and 2018 Staff Days and this actually or potentially caused prejudice to the 2017 and 2018 Staff Days, this is adequate.

The Tribunal found that, in the given circumstances, the Administration acted within the scope of its authority when finding that the Applicant had committed fraud. Accordingly, as per Asghar: (a) the Applicant misrepresented the...

Mr. Ronved appealed.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the Ä¢¹½ÊÓƵDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the Ä¢¹½ÊÓƵDT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...