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Since the Applicant withdrew all allegations and claims in finality, including on the merits with no right of reinstatement, there is no longer a matter for adjudication and therefore the case is closed.

The Tribunal found that a witness¡¯ evidence on all matters totally lacked credibility and due to its conflicting nature was at best unreliable. The different versions of the facts were entirely contradictory. In such a situation the Tribunal has no course other than to totally exclude all evidence from the witness as lacking any probative value. The testimony presented and heard by the Tribunal does not prove, at the required standard, that the charge of collusion in fraud or gross negligence against the Applicant was made out. The Respondent had the burden of proof, which he did not discharge...

The case of misconduct against the Applicant was established by clear and convincing evidence. The Appeals Tribunal has previously made findings on staff members whose occupations within the United Nations system place them in ¡°positions[s] of trust¡± and held that a breach of that trust impacts negatively ¡°on the issue of proportionality.¡± Security officers within the United Nations system similarly occupy positions of trust, charged as they are with the protection of personnel and property of the United Nations. In established cases of theft, the sanction is usually severe. The sanction of...

The final decision to terminate the Applicant¡¯s continuing appointment has not yet been taken. In this case, the General Assembly had not endorsed abolition of the specific post encumbered by the Applicant, but, rather, one of the two which were subject to the comparative review. Retaining the Applicant in service was not foreclosed and may have been effected by either the Administration¡¯s own action or by the Tribunal¡¯s judgment, should the Applicant¡¯s case prevail on the merits. The contested decision did not have a direct impact on the applicant¡¯s terms of appointment as it merely...

Considering that the sanctioning decision relied heavily on the finding that the Applicant had had five times over the limit established by the SOP from 2012, the interpretation of the reading of the breathalyser remained an issue. In this respect, the Tribunal was not satisfied that the evidence was clear and convincing. The Respondent rejected an explanation offered by the Military Police officer in charge of administering blood tests that the breathalyzer had recalculated the contents of alcohol found in the exhaled breath (BrAC) to relative alcohol contents in blood (BAC) and displayed the...

The Respondent complied with the audi alterem partem principle, which ensures that a party adversely affected by an administrative decision has the right to know, the opportunity to comment on, and the ability to answer the case against him or her. The Applicant was well aware of the complaints that were lodged against him, was confronted with each claim and responded thereto, was repeatedly warned about his unprofessional behaviour and performance issues yet failed to heed to these warnings. The decision not to renew the Applicant¡¯s contract due to poor performance was lawful. The Applicant¡¯s...

As the Applicant withdrew all allegations and claims, there is no longer a matter for adjudication and the case is closed.

There being no matter for adjudication the case was closed.

There being no matter for adjudication the case was closed.

There being no matter for adjudication the case was closed.

As the Applicant withdrew all allegations and claims, there is no longer a matter for adjudication and the case is closed.

Ä¢¹½ÊÓƵDT held that it was a case in which the host country was not forthcoming or did not provide reasons which justified the PNG decision. Ä¢¹½ÊÓƵDT held that once the Organisation had verbally stated, determined and notified the Applicant that the allegations against her were not considered misconduct, it had a duty as per Hassouna (Ä¢¹½ÊÓƵDT/2014/094) not to change the terms and conditions of her contract. Ä¢¹½ÊÓƵDT held that the Secretary-General had the power to reassign the Applicant on an exceptional basis and should have done so. Ä¢¹½ÊÓƵDT held that, according to Hassouna, the Organisation could not resort to...

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions is the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-Ä¢¹½ÊÓƵAT-359 and Ademagic et al. 2016-Ä¢¹½ÊÓƵAT-; 684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration.; The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-Ä¢¹½ÊÓƵAT-359 and Ademagic et al. 2016-Ä¢¹½ÊÓƵAT-684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Applicant had unusually received SPA for the more than the four-year period she performed functions at a higher level (February 2012 ¨C June 2016). The post she encumbered was reclassified upwards to the FS-6 level in 2012, not 2006. The Tribunal refused her claim that she was performing higher-level functions between 2006 and 2012 when those functions were not recognized through an upward reclassification as higher-level functions. Additionally, under section 6.2(c) of ST/AI/2003/3, in respect of posts reclassified upwards at established missions, an SPA may not become effective before the...

There are two elements that must be established for a claim under Appendix D, one is the medical assessment of whether the claimant suffered from the injury or illness as alleged. The other is the non-medical factual determination whether the illness or injury was attributable to the performance of official duties on behalf of the Organization. The obtaining, handling, review, analysis and dissemination of any form of material to be used in a matter as evidence must be done in compliance with some basic rules to ensure that basic principles of fairness and due process are upheld, particularly...

Ä¢¹½ÊÓƵDT held that the principal legal issue arising for consideration in the case was whether the Applicant¡¯s qualifications met the requirement of a recognized first level university degree as required by the job opening she was selected for. The Tribunal held that the Applicant did not meet the minimum educational requirements for positions at the P-2 level and was not eligible to be considered for a one-time amnesty for staff members under section 6 of ST/AI/2018/5. The Tribunal held that the Applicant did not demonstrate unfairness, unjustness, lack of transparency or inappropriate motive in...

The Tribunal did not agree with the Respondent that the actions of the Applicant as seen on the video footages were sufficient to rise to the required standard of proof of clear and convincing evidence to establish stealing; but found that the actions of the Applicant after he left with the shopping bag and the glaring inconsistencies in his testimony clearly pointed to a level of dishonesty betraying guilty knowledge that he did not pay for the items at issue. In other words, the Applicant knew that he did not pay for certain items especially after he, a career security officer, was accosted...

Background for the examination of the issues in this case

The Tribunal found that the wayin which the Office of Audit and Investigation Services (¡°OAIS¡±) conducted its investigation clearly led to great unfairness to the Applicant given the circumstances of this case.

Financial loss to Ä¢¹½ÊÓƵFPA

Since a pivotal part of the scope of the investigation was to establish financial loss to the Organization and or financial benefit to the Applicant as a result of the Ä¢¹½ÊÓƵFPA leases, it was surprising for the Tribunal to note that there was no certain finding of the actual financial loss that Ä¢¹½ÊÓƵFPA...

The Tribunal noted that at the time of the hearing, Respondent counsel had not been instructed or informed the recruitment exercise in question and consequently did not apprise the Tribunal about this fact, just as the Applicant¡¯s Counsel did not know about the Applicant¡¯s application for the position. The Tribunal held that the applying party, the Respondent, meaning the Administration at large, must have known about the ongoing recruitment exercise and the Applicant¡¯s job application for the Job Opening. At the very least, such knowledge must be imputed or assumed to have been known to the...