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As per the account of both parties, previously awarded costs had been paid and, thus, what remained to be considered is if the 2014 contested decision has been fully rescinded or not. The issues at stake are of a medical nature and that is why this Tribunal remanded the matter by Order No. 24 (GVA/2016) so that a Medical Board is convened and a determination on the Applicant¡¯s sick leave entitlements is made. This medical determination is a condition sine qua non for the submission for consideration for a disability benefit by the Ä¢¹½ÊÓƵSPC. Contrary to what the Applicant argues, Ä¢¹½ÊÓƵJSPF...

The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant¡¯s actions, as established by the facts, were abuse of the Applicant¡¯s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration¡¯s finding that the Applicant...

The Tribunal found that documentary evidence, including at least two instances of consecutive transactions for materially impossible refueling on 16 February 2017 and on 17 May 2017, confirmed the Applicant¡¯s participation in the fraudulent fuel scheme and his submission of falsified documents. The Tribunal thus concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. Regarding misconduct, the Tribunal agreed with the Respondent that the Applicant improperly used United Nations property for his personal gain in a matter...

In sum, based on the record on file and the oral evidence provided at the hearing held on 12-14 October 2021, the Tribunal finds that it is established that the Applicant slapped MK on 25 November 2016 but the rest of the allegations by MK are not established. Since it is established by clear and convincing evidence that the Applicant slapped MK, the established facts amount to misconduct. Considering the nature and gravity of the Applicant¡¯s misconduct, mitigating circumstances that the Administration took into account, as well as the past practice of the Organization in matters of comparable...

When the Applicant sought management evaluation of the imposition of a condition to the extension of his fixed-term appointment, he did not contest the actual non-extension of his appointment which was yet to be taken at that time. The Applicant did not seek management evaluation of the non-extension of his fixed-term appointment before he filed the present application. Accordingly, any appeal of the non-renewal of the Applicant¡¯s appointment would not be receivable ratione materiae. The imposition of the condition of resignation did not in itself have a direct legal impact on the Applicant¡¯s...

The facts in support of both counts leveled against the Applicant (count 1: creating a hostile, offensive and humiliating work environment for one staff member and count 2: abuse of authority concerning the recruitment and employment of a consultant) have been established in the case at hand not only by preponderance of evidence, the applicable threshold, but also by clear and convincing evidence. The established facts were in violation of the applicable legal framework, namely ST/SGB/2008/5 and ST/AI/2013/4. Cases involving the creation of a hostile and offensive work environment have...

The Tribunal found that the Respondent complied with the judgment and took steps to execute the judgment accordingly. The Applicant failed to show that the judgment remains unexecuted. The Tribunal held that the express notice in the form of the memorandum from the Respondent advising the Applicant of his reinstatement from date of separation in compliance with the judgment was proof of execution.

The Tribunal found that the Respondent complied with the judgment and took steps to execute the judgment accordingly. The Applicant failed to show that the judgment remains unexecuted. The Tribunal held that the express notice in the form of the memorandum from the Respondent advising the Applicant of his reinstatement from date of separation in compliance with the judgment was proof of execution.

- The question at hand is whether the Applicant has been fully reimbursed for her 2019 tax liability, regardless of tax liability share. What affects an Applicant¡¯s terms of employment is the payment of her total tax liability and not how different entities are to cover it. Any issue concerning the division of tax liability is to be dealt with by the Organizations involved, not by the Applicant. - The total amount received by the Applicant equals the undisputed total amount that she was entitled to receive. Consequently, the Applicant has been reimbursed in full for her tax liability.

Having examined the evidence on file, particularly the panel¡¯s investigation report and its annexes, the Tribunal is satisfied that OHCHR properly handled the Applicant¡¯s complaint against his FRO, and that the case record fully supports the reasonableness of the decision not to initiate disciplinary proceedings against said FRO. The Tribunal further observes that the Applicant¡¯s due process rights as set forth in ST/SGB/2008/5 and ST/AI/2017/1 were respected. The Applicant was inter alia interviewed and given an opportunity to provide his version of events and informed of the outcome of his...