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The Tribunal concluded that there were critical procedural irregularities that rendered the investigation and the contested decision unlawful. Procedural irregularities: The Tribunal concluded that: (i) in the light of the findings of the Inspection Mission, which investigated the same complaints as the Investigation Team, it was an abuse of discretion on the part of the Respondent to establish a second body and labeling it an Investigation Team to carry out the same exercise that had been carried out by the Inspection Mission; (ii) the Investigation Team committed a number of procedural...

Consultation prior to the contested decision being taken: The Applicant alleged that he was not consulted prior to the contested decision being taken. The Tribunal was satisfied however that the Applicant had written notice of the impending decision from as early as 7 January 2013 and that from this date he engaged in extensive correspondence with the Administration about this issue. The Tribunal held that the Applicant was consulted and that such consultation met the test set out previously in Rees Ä¢¹½ÊÓƵDT/2011/156, Gehr Ä¢¹½ÊÓƵDT/2011/142 and Adundo et al. Ä¢¹½ÊÓƵDT/2012/188 Legitimate expectation of...

Consultation prior to the contested decision being taken: The Applicant alleged that he was not consulted prior to the contested decision being taken. The Tribunal was satisfied however that the Applicant had written notice of the impending decision from as early as 7 January 2013 and that from this date he engaged in extensive correspondence with the Administration about this issue. The Tribunal held that the Applicant was consulted and that such consultation met the test set out previously in Rees Ä¢¹½ÊÓƵDT/2011/156, Gehr Ä¢¹½ÊÓƵDT/2011/142 and Adundo et al. Ä¢¹½ÊÓƵDT/2012/188 Legitimate expectation of...

The Tribunal found that the Approving Authority in this case acted contrary to Ä¢¹½ÊÓƵICEF's staff selection legislation and policy. The undue influence exerted by the Approving Authority on the Selection Panel which let to a reversal of its earlier decision concerning the Applicant's suitability is evidence in the stark contrast of the Selection Panel's position when it stood its ground early in the selection process following a query by the Local Central Review Body as to why it found the Applicant suitable. The Approving Authority in this case by directly approaching the Selection Panel to...

The Tribunal concluded that the impugned decision was made following the correct procedure and was based on well-founded evidence. Accordingly, the Application was dismissed. Denial of claim based on evidentiary grounds: The Tribunal observed that in assessing the Applicant¡¯s claim for compensation, the principle issue for the ABCC was whether the injury resulted as a natural incident of performing duties on behalf of the United Nations. This was a question of fact to be established by evidence. The Tribunal held that the functions of ABCC include making recommendations on claims for...

Promulgation of MONUSCO Administrative Instruction No. 2013/15: The Tribunal observed that MONUSCO Administrative Instruction No. 2013/15 is of general application to the extent that it applies to all MONUSCO personnel but it was not expressly issued for the implementation of any specific rules or ST/SGBs. However, it does not meet the requirements of ST/SGB/2009/4. Accordingly, the Tribunal held that the lack of promulgation of the AI does not of itself render the impugned decision null and void. Withdrawal of the Applicant¡¯s driving privileges: The Tribunal found that MONUSCO Administrative...

Receivability - At the time of the contested decision, the Applicant was a staff member of Ä¢¹½ÊÓƵRWA. This entity does not fall under the jurisdiction of the Ä¢¹½ÊÓƵDT nor does the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the Ä¢¹½ÊÓƵDT. He therefore has no locus standi to challenge a decision of the Respondent before this Tribunal..

The Tribunal concluded that: the investigation was carried out in accordance with the correct procedures; the facts were established by clear and convincing evidence; the facts established amounted to misconduct under the staff regulations and rules and that the sanction imposed was not excessive. Due process and procedural fairness: The Tribunal rejected the Applicant¡¯s submission that the investigation into his actions should not have been commenced because there was no evidence of harm to the Organization. Pursuant to ST/AI/371/Amend.1, once there is reason to believe that a staff member...

Restructuring: The Tribunal concluded that the Applicant¡¯s position and core responsibilities did not change as a result of the decision to reintegrate the Unit into one. He was to continue to perform the same duties although without the additional task of acting as the supervising officer of staff in the Operations Section of the Unit. Consultation: The Tribunal concluded that since the changes made to the Applicant¡¯s functional and reporting arrangements were not significant and did not alter his substantive position, the Administration was not strictly obliged under section 5(c) of ST/SGB...

The Tribunal found the Applicant's reassignment was a proper exercise of the Secretary-General's discretion and dismissed the application. Reassignment of the Applicant: The Tribunal found that the relocation of the Applicant to Kuwait was prompted by administrative and humanitarian reasons based on space constraints in Ä¢¹½ÊÓƵAMI in order to accommodate more humanitarian staff who were dealing with the influx of refugees from Syria. Accordingly, the Tribunal concluded that the Secretary-General's exercise of discretion was not tainted by any improper motives. Payment of DSA, hardship and mobility...