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Due Process: It is Ä¢¹½ÊÓƵAT jurisprudence that based on the staff rules there is no mandatory right to counsel for staff members who are undergoing interviews during the preliminary investigation of allegations for misconduct. Ultra vires: The author of the decision in this case was not the person who signed the 15 August 2011 dismissal letter but, as referred to in the letter, was the Under-Secretary-General for Management who took the decision on behalf of the Secretary-General. Pursuant to ST/AI 371/Amend.1, the decision-maker had the proper authority to do so and the decision was not ultra...

Classification - There is no evidence that the procedure for a re-classification of the Broadcast Technology Officer (¡°BTO¡±) post encumbered by the Applicant in Ä¢¹½ÊÓƵMIS was ever undertaken. As already pointed out, the Chief of radio took it upon herself to re-write the competencies of the post to which in January 2010, the Applicant had been competitively recruited before she came on board as Chief of radio, perhaps in order to make the Applicant who was encumbering the post, less eligible.

Delegated Authority - The termination decision was taken without the requisite delegated authority...

The Tribunal finds that, pursuant to art. 2.1(a) of the Statute of the Dispute Tribunal, the Applicant¡¯s claim is receivable. Meaning of an ¡°agreement reached through mediation¡± - A plain reading of the full text of art. 8.2 requires that a mediated agreement must be reduced in to writing and signed by the parties as otherwise it would be inconceivable how the implementation of such an agreement would be enforced as provided for in the latter part of art. 8.2 of the Statute of the Dispute Tribunal.

The Tribunal reasoned that when seeking to challenge a policy, it was imperative that an applicant was specific in identifying how that policy had adversely affected him. A broad brush suggestion that a particular policy was discriminatory was not sufficient for purposes of litigation. The Tribunal emphasized that it was not in the bisuness of reviewing policies within the Organization, except where an Applicant clearly demonstrated that a specific decision had been made, which was adverse to his or her interests, in furtherance of that policy.; In light of the above, the Tribunal concluded...

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the Ä¢¹½ÊÓƵDT Rules, the Respondent is required to comply with his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the Ä¢¹½ÊÓƵDT Rules, a party is entitled to judgment...

The Tribunal considered that an employer does not have an unqualified right to refuse to accept a resignation and rejected the Applicant¡¯s submissions on receivability. The receivability of any application before the Tribunal is subject to the statutory requirement of article 8.1(c) of the Statute of the Dispute Tribunal, which is categorical that where required, an Applicant must submit a request for management evaluation of a contested decision.

Improper motives: The Tribunal held that the non-renewal of the Applicant¡¯s contract was motivated by improper motives in view of the fact that: (i) the Applicant¡¯s relationship with the Ä¢¹½ÊÓƵ Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant¡¯s deputy, who had unsuccessfully competed for the Applicant¡¯s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...

An ¡°effective remedy¡± under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

Harassment: The Tribunal held that the Applicant¡¯s actions in sending caustic emails and nude photographs of Ms. M, a MONUC staff member he had dated, to other United Nations staff members at their official United Nations email addresses and to their private email addresses constituted harassment within the meaning of ST/SGB/2008/5 in that the emails sought to belittle, humiliate and embarrass Ms. M and to compromise her reputation in a professional context. Proportionality of the sancton: The Tribunal held that the sanction was proportionate due to the fact that the Applicant¡¯s conduct on...

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant¡¯s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent¡¯s repeated renewal of the Applicant¡¯s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.