The Applicant did not show that the decision to not renew his appointment was tainted by improper motive or bias, or that the process leading up to the decision to abolish the post he encumbered was irregular or improper. The Respondent sufficiently demonstrated that the Mission acted appropriately under the circumstances before it.
When termination was the possible outcome of the investigation, each allegation of misconduct must be established by clear and convincing evidence; in other words, the truth of the facts asserted must have been highly probable. The only rule cited as applicable in this case referred to a blood alcohol level as a measure of intoxication. The Applicant was not subjected to a blood test. TheTribunal found that there was no clear or convincing evidence before the Respondent that the Applicant drove while intoxicated. There is no rule prohibiting United Nations staff from having a drink of alcohol...
The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...
The acts of sexual harassment committed by the Applicant were of such a persistent and offensive nature that in keeping with the Organization’s zero-tolerance policy he could not remain on the job. However, the Organization’s policy on care and support for persons suffering with mental illness was also clear. The Applicant’s behaviour was influenced by severe mental illness. The illness ought to have been addressed in a more timely and considerate manner by the Respondent by denying his clearance to return to work in March 2015 and in August 2016. He may then have retired due to ill-health...
Whether the non-renewal decision is supported by the facts Although, as the Applicant’s advanced, there was no documentary evidence explicitly showing that funding for the Pacific Project was to end in June 2017, other than the Respondent’s assertion that the Pacific Project received no funding beyond 30 June 2017, the Tribunal found that there were enough elements that taken together supported the budgetary reason behind the non-renewal of the Applicant’s appointment. The Tribunal noted, inter alia, that the Applicant and other ITC Officials were fully aware in February 2017 that the Donor...
The Applicant remains on special leave with full pay at the time of the judgment. The decision to terminate his appointment remains suspended and has no impact on his terms of appointment, the application is therefore not receivable ratione materiae.
The Applicant was placed on special leave with full pay and not separated at the time of the judgment. Therefore, the appeal of the termination decision has not yet produced direct legal consequences to the Applicant’s terms of employment and is therefore note receivable. The Applicant did not submit the implied decision not to find him a suitable post for management evaluation, therefore this implied decision is not receivable. The Administration considered the Applicant for a post he applied for along with other candidates in violation of the obligation to consider his suitability on a...
Since the Applicant remains on special leave with full pay pending management evaluation at the time of the judgment, the termination decision remains suspended and has not yielded effects on the Applicant’s terms of appointment. The application is therefore not receivable. The action or inaction of the Administration to find an alternative post for the Applicant after he was first placed on special leave with full pay is not receivable because the Applicant did not include this ground in his request for management evaluation.
The challenged decision was not the termination but a mere notice that the Applicant’s permanent appointment may be terminated if he failed to secure a new position and rejected the agreed separation proposed. Accordingly, the contested administrative decision did not constitute a reviewable administrative decision in the sense of art. 2.1(a) of the Tribunal’s Statute.
Receivability Its well-established jurisprudence that under staff rule 11.2(c), a decision is only reviewable by the Dispute Tribunal if the Applicant has timely sought management evaluation of such decision. A request for management evaluation is a sine qua non condition to have access to the internal justice system as per article 2.1 and 8.1.c) of its Statute and staff rule 11.2(a). Access to justice is not an absolute right and procedural limitations, such as this one, are compatible with the nature and scope of access to justice, provided that they are prescribed by law and do not impair...
