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The record demonstrated that the Applicant refused to complete her supervisees¡¯ performance evaluation and delayed the contract extension process. The Applicant refused to perform key managerial functions.

While it may be true that she was not given an opportunity to explain her actions, the remedies under section 10.1 ST/AI/2010/5 are only aimed at rectifying performance short comings and are not punitive. It was therefore not necessary to conduct some form of investigation in which a staff member would be required to explain her actions.

While the Applicant had a duty and a right to...

The Applicant was sanctioned for engaging in two types of misconduct: (i) sexually exploiting V01, and (ii) engaging in a misrepresentation to the Organization and a misappropriation of assets from the Organization regarding Family Emergency Leave from 22 until 27 July 2019. On whether the facts were established by clear and convincing evidence; regarding the first sanction of sexually exploiting V01, the Tribunal concluded that based on the finding that the Applicant was aware of V01¡¯s vulnerability, the evidence that he continued to have sexual intercourse with her even at times when she had...

On the due process prong, the Tribunal concluded that the Applicant¡¯s procedural fairness rights were respected throughout the investigation and the disciplinary process. The Applicant was interviewed by the Office of Internal Oversight Services and was provided with an audio-recording of the interview. He was provided all supporting documentation, was informed of the allegations against him, his right to seek the assistance of counsel and he was provided the opportunity to comment on the allegations; and his comments were duly considered. Accordingly, the Tribunal held that the Applicant¡¯s...

On the due process prong, the Tribunal concluded that the Respondent had demonstrated that the investigation and the disciplinary process leading up to the disciplinary sanction were conducted in accordance with the applicable legal framework and investigation guidelines. The Applicant was interviewed and was provided with an audio-recording of the interview, and all supporting documentation. He was informed of the allegations against him and afforded his right to seek the assistance of counsel. He was provided the opportunity to comment on the allegations, and his comments were duly...

Based on the facts as presented in the application, the Tribunal determined two issues; (i) whether the Applicant was forced to retire, and (ii) whether the decision not to renew her FTA beyond 30 June 2021 was lawful. On issue one, the Tribunal held that based on the separation notice given to the Applicant dated 18 May 2021, read together with the Applicant¡¯s letter of appointment and the evidence produced by the MONUSCO Chief of Human Resources during the hearing, there is no doubt that hers was a case of non-renewal of appointment. The Tribunal, thus, held that the Applicant was not forced...

On the due process prong, the Tribunal concluded that the process leading to the imposition of the disciplinary measure was carried out in compliance with the Ä¢¹½ÊÓƵDP Legal Framework for Addressing non-compliance with United Nations Standards of Conduct and the Ä¢¹½ÊÓƵDP Office of Audit and Investigation Guidelines. Accordingly, the Tribunal held that the Applicant¡¯s due process rights were guaranteed. On whether the facts were established by clear and convincing evidence, the Tribunal noted that the Applicant did not deny or even challenge the fact that the Respondent had proved that she had: i...

The Tribunal finds that the Applicant does not meet the criteria which would entitle him to seek recourse within the internal justice system. From the documents before the Tribunal follows that the Applicant is not a United Nations staff member. The Applicant¡¯s submissions do not establish that an offer of employment had been issued and the Applicant does not provide any evidence that he is entitled to contract-based rights with a view to employment as a staff member within the Organization. The Administration did not undertake to conclude a contract for the recruitment of the Applicant as a...

In asserting whether the Administration properly determined the Applicant¡¯s step-in-grade, the core issue before the Tribunal is whether and, if so, to what extent, the Applicant¡¯s Ph.D. experience in Economics would constitute relevant work experience for a language professional under the Grading Guidelines for language staff.

The documentary evidence on record shows that the Applicant did his Ph.D. in Economics from 1 October 2014 to 9 June 2019 on a full-time basis. Therefore, his Ph.D. experience in Economics would amount to around two years and four months of relevant experience...

The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

Ä¢¹½ÊÓƵAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

The scope of judicial review in termination cases due to unsatisfactory service is limited to reviewing whether the appointment was lawfully terminated based on the applicable rules. It is not the role of the Tribunal to conduct a review of the performance evaluation process or to determine a different performance rating. In this case, the Applicant was notified that based on the 2020-2021 overall rating of ¡°does not meet performance expectations¡± and the 2019-2020 ¡°partially meets performance expectations¡±, the Administration decided to terminate his continuing appointment. Having examined...