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Attempted theft: In the instant case, the Applicant¡¯s counsel cites the 23 June 2011 Judgment and argued that ¡°it follows that whereas the offence of an attempt to commit an act that could amount, if completed, to misconduct is not envisaged as a sanctionable offence within the prevailing legislative framework of the United Nations, the dismissal of the Applicant must be held to have been ultra vires.¡± This interpretation and application of the Tribunal¡¯s reasoning in the said judgment to this case and the Applicant¡¯s circumstances is misconceived and misleading. This is because the offence of...

Certification of sick leave: If some staff members as a matter of practice communicated directly with the MSD rather than through their mission, such practice does not detract from or modify written legislation.Recognised regional medical centres: A country in serious political, economic and security situation was unlikely to be the place to seek adequate medical treatment for an ailment recognised by the organization as a condition for medical evacuation. Recovery of overpayment: Ä¢¹½ÊÓƵ being a humanitarian organization and in providing humanitarian assistance worldwide, needs to...

The Respondent is in breach of the first order for suspension of action (Ä¢¹½ÊÓƵDT/2012/029) ¨C merely providing a different reason for the non-renewal does not obviate the need to abide by the original order.

Not only did Counsel for the Respondent initially refuse to take part in the proceedings because submissions were being filed and submitted through the eFiling portal, she further failed to comply with the Tribunal¡¯s Order granting her an extension of 30 days. This failure, in the circumstances is an abuse of the process of the Tribunal. The Tribunal is entitled to enter, on its own Motion, a default judgment in this case. This means that in the present case, the Tribunal shall rely on the facts as presented by the Applicant and apply the relevant law to these facts. Upon his separation from...

A review of other similar cases revealed that only one other staff member was separated for illegal possession/use of drugs, and that was a far more serious case. The sanction in the present case was disproportionate in the light of the comparators. Ä¢¹½ÊÓƵDT endorsed Sow. Equality of treatment in the workplace is a core principle which must be applied by the Secretary-General when imposing disciplinary sanctions.

The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn Ä¢¹½ÊÓƵDT/2011/032 which stated that ¡°even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the...

The investigation against the Applicant lacked integrity and credibility. The investigator was incompetent, exhibited bias and lacked objectivity and fairness. The Investigator¡¯s note-taker was not only allowed to conduct part of the investigation by solely administering questions to two witnesses, she was also allowed the liberty of expressing her views on how some evidence she had elicited from a witness should not change impressions earlier formed. The investigation report was biased, unreliable and unfair. The characterisation of certain facts was done in a manner intended to draw only...

The Tribunal found that the Applicant had submitted her request for management evaluation nearly three years after the events she was contesting occurred. The Tribunal, therefore, held that any blame for the failure of the Applicant¡¯s case rests firmly at her own door.

Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...

The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.