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The sanction was based on a finding that the Applicant had engaged in misconduct when he left a hand-held radio and an MP5 9 mm submachine gun with two magazines and approximately 60 rounds of ammunition Ä¢¹½ÊÓƵATtended in a Ä¢¹½ÊÓƵ vehicle that he had been operating, resulting in these items being stolen when an unknown person or persons broke into that vehicle while the Applicant waited several minutes in a restaurant for a take-out meal. The Ä¢¹½ÊÓƵDT Tribunal found that the imposed sanction was not manifestly unreasonable, unnecessarily harsh, obviously absurd or flagrantly arbitrary. It was within the...

The Tribunal found that there was no basis for finding that the OiC/MEU¡¯s writing in the MEU¡¯s letter to the Applicant amounted to a breach of either ST/SGB/2008/5 or ST/AI/371 and the USG/DM, therefore, did not infringe on the Applicant¡¯s rights when dismissing his complaints against the OiC/MEU. Accordingly, the application was dismissed.

The Tribunal found that it was established by clear and convincing evidence that the Applicant had had sexual intercourse with two persons under the age of eighteen and that the sanction of dismissal, together with a fine, were proportionate to the established misconduct. This conclusion was independent from the outcome of the judicial proceedings before the national courts of Kosovo with respect to the violation(s) of the CCK. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine(1) whether the facts on which the disciplinary measure was...

The Ä¢¹½ÊÓƵDT found that the contested decision was unlawful on the grounds that 1) the Organization committed several procedural errors in the implementation of the Ä¢¹½ÊÓƵHCR Policy and Procedures for the Promotion of International Professional Staff Members (Ä¢¹½ÊÓƵHCR/HCP/2014/2) (¡°Promotions Policy¡±), some of which resulted in a failure to take into account relevant information or to take into account irrelevant considerations; and 2) the Organization failed to minimally show that the Applicant¡¯s candidacy for promotion received fair and full consideration. Standard of review: In the context of a...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

The Tribunal found that clear and convincing evidence was obtained which was consistent with the Applicant¡¯s sexually exploiting local women and the impugned decision was well-founded. The Applicant had claimed that he had given his username and password to other staff members therefore, he could not be attributed the accessing and storing of the material. The Tribunal did accept this. The Applicant admitted that he had downloaded and installed the cracked software that had caused pornographic material to appear on his computer. He neither named any person with whom he shared the password nor...

The Tribunal found that there was clear and convincing evidence that on the morning of 9 February 2015, at his office, the Applicant commited misconduct. The established facts legally amounted to misconduct, in violation of the norms consistently upheld by the Organization since at minimum 1992, where sexual harassment was described as unacceptable behaviour for the staff of the United Nations, and reiterated through, among other, outlawing, in 2003, sexual exploitation and abuse as serious misconduct warranting a summary dismissal, and through a detailed anti-harassment and abuse of authority...