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The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The Applicant has no right to the Administration¡¯s blanket acceptance of his account of events, nor to the imposition of sanctions against another staff member without due process. The application is therefore not receivable ratione materiae.

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

In relation to the Applicant¡¯s first claim, the Tribunal held that pursuant to staff rule 6.2 the entitlement to sick leave does not follow a cycle calculated since the date of appointment as argued by the Applicant, but, rather, is calculated pursuant to its own cycle determined by the date of the sick leave. The Tribunal thus concluded that the method used by the administration to calculate the Applicant's sick leave days was consistent with staff rule 6.2, while the method advocated by the Applicant was not. Accordingly, the application failed on the score of sick leave. On the Applicant¡¯s...

The Tribunal was satisfied that the Applicant¡¯s complaint was reviewed in accordance with the applicable legal framework. The Applicant did not present a prima facie case of harassment as the claims were unsubstantiated and she did not provide adequate proof to support them. The facts did not amount to misconduct or prohibited conduct. The conduct the Applicant alleged even if true, was not harassment within the meaning of ST/SGB/2008/5. Consequently, the Administration had a legitimate basis not to proceed with an investigation into these matters. The Applicant did not proffer any evidence to...

OIOS acted in accordance with the procedures set down in ST/SGB/2019/8 and ST/AI/2017/1, taking into account all relevant considerations in reaching its decision under section 5.1 of ST/AI/2017/1 to take no action on the complaint. Accordingly, there was no foundation for the substantive claim made by the Applicant, nor any foundation for any award of compensation. An investigation would not resolve the dispute between the Applicant and the SRSG, since there clearly was and remains inter-personal differences between them. Instead, it would likely deepen the divide between them. An...

Scope of judicial review The Applicant only challenged the dismissal of his complaint against his FRO and SRO by way of management evaluation. Recalling the general requirement of staff rule 11.2(a), the Tribunal will limit its scope of judicial review to the decision not to investigate the Applicant¡¯s complaint against his FRO and SRO. The Tribunal does not have jurisdiction to consider appeals against the MEU¡¯s responses to the Applicant¡¯s request for management evaluation. Therefore, it will not adjudicate the Applicant¡¯s arguments against the MEU¡¯s responses to his request for management...

The Applicant did not appeal a final administrative decision carrying direct legal effects. The application was therefore not receivable ratione materiae. The contested decisions had no nexus with the Applicant's former employment with the Organization, the application was therefore not receivable ratione personae.

The application was not receivable because the Applicant did not request management evaluation.