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The Ä¢¹½ÊÓƵAT noted that the reclassification request was made by Ä¢¹½ÊÓƵIFIL and not by the staff member.

The Ä¢¹½ÊÓƵAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the Ä¢¹½ÊÓƵDT by the staff member. Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment. The fact that there were delays in the reclassification decision does not change the analysis. It is a...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

The Ä¢¹½ÊÓƵAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the Ä¢¹½ÊÓƵDP which was subject to any loss from undue reimbursements.

The Ä¢¹½ÊÓƵAT found that the staff member¡¯s certification to Cigna of the correctness of the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erroneously concluded that there was clear and convincing evidence of the former staff member¡¯s knowledge that he was in a prohibited family relationship with another staff member, Mr. S.R.B.

Moreover, the Ä¢¹½ÊÓƵAT found that even if the information provided by the former staff member was false, he could not have intended to mislead the Organization by providing or omitting it. On the contrary, the evidence established that when he made his relevant applications, he did not know, and had no reason to know, that Mr. S.R.B. was employed by the United Nations. In...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding that ST/SGB/2003/13 imposes a requirement of ¡°undue advantage¡± for sexual exploitation to occur. The Ä¢¹½ÊÓƵAT further found that the former staff member abused the position of vulnerability of V01 for sexual purposes (i.e., engaging in at least four acts of sexual intercourse), which constitutes sexual exploitation and abuse. The Ä¢¹½ÊÓƵAT emphasized that the Ä¢¹½ÊÓƵDT itself acknowledged that V01, allegedly a minor, was vulnerable and less powerful than the former staff member, and that his actions had a sexual connotation. Therefore, the Ä¢¹½ÊÓƵAT held that the...

The Ä¢¹½ÊÓƵAT held that the Administration did not act unreasonably or unlawfully in requiring the staff member to work from the office two days per week. It further held that relevant considerations, including the staff member¡¯s personal and medical circumstances, were taken into consideration, and irrelevant considerations were excluded. The Ä¢¹½ÊÓƵAT also found that there was no obligation on the Administration to establish that the requested accommodations represented a disproportionate or undue burden on the workplace.

The Ä¢¹½ÊÓƵAT also found no merit in the staff member¡¯s argument that the lack of...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The Ä¢¹½ÊÓƵAT also concluded that the Ä¢¹½ÊÓƵDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The Ä¢¹½ÊÓƵAT observed that the former staff member himself identified this decision in both his Ä¢¹½ÊÓƵDT application and his management evaluation...

The Ä¢¹½ÊÓƵAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the lawfulness of the...

The Ä¢¹½ÊÓƵAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT appropriately considered the former staff member's admissions, as well as the video clip...

The Ä¢¹½ÊÓƵAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context. This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member¡¯s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the Ä¢¹½ÊÓƵAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The Ä¢¹½ÊÓƵAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT dismissed the application for revision.

Accountability Referral: The Ä¢¹½ÊÓƵAT noted...