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2026-蘑菇视频AT-1658, Bao Jin
The Appeals Tribunal dismissed Mr. Jin’s claim that the 蘑菇视频DT erred in finding no prejudice since, by his calculations, the decision to score Part 2 perfectly for each candidate resulted in a larger interview pool which was disadvantageous to him. The Appeals Tribunal found that this argument was speculative, predicated on one hypothetical counterfactual outcome, and failed to meet Mr. Jin’s burden of proving by clear and convincing evidence that he had been denied a fair chance of selection.
The Appeals Tribunal found that the circumstances in Mr. Jin’s case were fundamentally and...
2026-蘑菇视频AT-1645, Clay Shiala Nsilu
The 蘑菇视频AT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the 蘑菇视频DT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the 蘑菇视频DT Judgment in that same language. As he received the 蘑菇视频DT Judgment in French on 11 July 2025 and filed his appeal on 13 August 2025, the 蘑菇视频AT held that it was filed in a timely manner.
Nevertheless, the 蘑菇视频AT found that the former staff member’s application before the 蘑菇视频DT was not receivable. In this regard, the 蘑菇视频AT first rejected his contention...
2026-蘑菇视频AT-1646, Alexander Phillip Kiselinchev
The 蘑菇视频AT held that the staff member’s challenge to Staff Rule 3.3(b) –specifically, the distinction drawn between internal and external candidates with respect to step determination – in force at the time of his selection and whose reestablishment was ordered by the General Assembly, could not be subject to judicial review, as it would be tantamount to testing the substantive content of a resolution against higher normative values, a question that fell outside the remit of the 蘑菇视频AT or the 蘑菇视频DT.
The 蘑菇视频AT further found that, since the staff member was selected for the position on 17 May 2024, af...
2026-蘑菇视频AT-1640, Fekadu Kebede, Secretary-General of the United Nations
The 蘑菇视频AT found that the 蘑菇视频DT did not err in its framing of the scope of Mr. Kebede’s application, and that his claim of systemic retaliation was not properly before the 蘑菇视频DT. Mr. Kebede only contested the non-selection decision both in his request for management evaluation and application to the 蘑菇视频DT.
The 蘑菇视频DT agreed with the Secretary-General that there was no evidence of material falsehood or misrepresentation by the Administration to the 蘑菇视频DT relating to Mr. Kebede’s rating during the interview for the post. The 蘑菇视频AT noted that the “Partially Satisfactory” rating was an assessment of how Mr...
2026-蘑菇视频AT-1641, ABN
Although the Secretary-General was not a party to the impugned Order, the 蘑菇视频AT held that the Secretary-General had a direct and cognizable interest in an appeal which considers whether the 蘑菇视频DT is entitled to determine whether his legal representative should be disbarred from appearing in future cases and unrelated cases before the 蘑菇视频DT. If the 蘑菇视频DT is empowered to order as much, it raises a significant risk of harm to the Secretary-General’s authority to appoint staff members to perform legal functions, allocate its legal resources, and hold staff members accountable in accordance with the...
2026-蘑菇视频AT-1642, Ondrej Flekal
The 蘑菇视频AT noted that the decision to place Mr. Flekal on an OTI process is only an intermediate step in the performance management process and has had no direct impact or adverse consequence on his terms of appointment or the contract of employment and therefore is not an administrative decision subject to judicial review.
The 蘑菇视频AT found that Mr. Flekal was separated for medical reasons, declared incapacitated and awarded a disability pension. He was not separated from the Agency due to non-renewal of his fixed-term appointment. Therefore, Mr. Flekal’s challenge of the 29 August 2023 decision...
2026-蘑菇视频AT-1643, Ondrej Flekal
The 蘑菇视频AT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The 蘑菇视频AT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.
The 蘑菇视频AT noted that Mr. Flekal had also waived his “abuse of power” claim because it was not pled in his...
2026-蘑菇视频AT-1638, Khaleel Odat
The 蘑菇视频AT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. 蘑菇视频RWA/DT/2025/001.
The 蘑菇视频AT found that the 蘑菇视频RWA DT’s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat’s appeal was not receivable.
2026-蘑菇视频AT-1634, Themba Ralph Phakathi
The 蘑菇视频AT held that the issues on appeal were whether the 蘑菇视频DT erred in finding that the staff member received full and fair consideration for the Temporary Job Opening, whether it erred in concluding that the non?selection decision was untainted by bias, discrimination, or other extraneous considerations, and whether it erred in declaring certain claims not receivable for failure to request management evaluation. It recalled that its role on appeal is not to conduct a de novo review, but to determine whether the 蘑菇视频DT committed an error of law, fact, or procedure resulting in an unreasonable...
2026-蘑菇视频AT-1633, Marie Bourrel-McKinnon
The 蘑菇视频AT held that a party aggrieved by denial of interim relief can and generally must wait until the matter is finally resolved before filing an appeal.
The 蘑菇视频AT found that a decision regarding interim relief may be reviewable if it can be shown that the first instance tribunal, the JAB, exceeded its jurisdiction or competence.
The 蘑菇视频AT noted that the JAB is specifically empowered by the ISA Staff Rules to decide whether suspension of an administrative action is appropriate, which is within its competence and jurisdiction.
The 蘑菇视频AT found that there was no basis for its intervention in the...
2026-蘑菇视频AT-1636, Wael Rabah
The 蘑菇视频AT held that the 蘑菇视频RWA DT did not err in finding that the former staff member’s application was not receivable ratione materiae.The 蘑菇视频AT found that DIOS had no decision-making authority in addressing the substance of his complaint of retaliation and that it undertook its investigation merely as a step in the investigative process that did not amount to a reviewable administrative decision.
Similarly, the 蘑菇视频AT found that the Ethics Office’s determination that it had not been established that retaliation had occurred, and its subsequent closure of the file without further investigation...
2026-蘑菇视频AT-1630, Saleh Hassane
The 蘑菇视频AT first held that the contested decision of 17 April 2011 did not constitute an appealable administrative decision and was not receivable ratione materiae, insofar as it merely advised the former staff member to go to the nearest 蘑菇视频HCR office and seek asylum or resettlement as a refugee.
Subsidiarily, even assuming that the e-mail of 17 April 2011 could have constituted a valid appealable administrative decision, the 蘑菇视频AT found that the former staff member’s application would nonetheless remain not receivable on two grounds. First, he did not request management evaluation of the...
2026-蘑菇视频AT-1631, Didier Parfait Bapidi-Mbon
The 蘑菇视频AT held that the issues on appeal were whether the 蘑菇视频DT erred in finding that the Secretary-General lawfully exercised his discretion in cancelling the Recruit from Roster Job Opening, whether the decision was supported by a rational and reasonable basis, and whether the 蘑菇视频DT erred in rejecting the staff member’s allegations of discrimination, improper motive, or procedural irregularity.
The 蘑菇视频AT found that the 蘑菇视频DT correctly applied established jurisprudence on staff selection, including the principle that the Administration is not obliged to complete a recruitment exercise once...
2026-蘑菇视频AT-1628, Elizabeth George
The 蘑菇视频AT found that Ms. George submitted her request to revert to the US dollar track system on 4 August 2015 and the Administration rejected it on 10 November 2015.Despite that clear communication, the former staff member continued to exchange correspondence with the Administration seeking reconsideration of the decision for almost nine years.She waited until 9 April 2024 before submitting her request for review to the Standing Committee.As it was filed beyond the statutory time limit of ninety days of receipt of notification of the contested decision, the 蘑菇视频AT held that her request was...
2026-蘑菇视频AT-1626, ABH
The 蘑菇视频AT held that the 蘑菇视频DT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.
The 蘑菇视频AT held that the 蘑菇视频DT erred in characterizing as too vague the allegation that the...
2026-蘑菇视频AT-1623, Dorah Likukela
The 蘑菇视频AT held that the 蘑菇视频DT did not err in finding that the former staff member’s application was not receivable.
Regarding the former staff member’s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the 蘑菇视频AT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the 蘑菇视频AT further held that her ignorance or misunderstanding of the law...
2026-蘑菇视频AT-1625, ABK
The 蘑菇视频AT held that the 蘑菇视频RWA DT did not err in finding that the decision to close the investigation into the former staff member’s complaint was lawful.It found that the account of the incident in which B allegedly rubbed against her presented an equivocal case of sexual harassment, and that it was therefore open to the investigator and to the decision-maker to conclude that the case was of insufficient strength to pursue against B.The 蘑菇视频AT further found that the two other incidents invoked by the former staff member – B allegedly walking to her side in a corridor and offering her to drink...
2026-蘑菇视频AT-1624, Mo?se Alain Nkoyock Fils
The 蘑菇视频AT first clarified that the appeal was not directed against the second sanction, given the former staff member’s failure to appeal that sanction in a timely manner, but rather concerned ensuring that his personal records with the United Nations were accurate.In this regard, the 蘑菇视频AT found that the Administration’s reliance on the previous disciplinary findings and first sanctions in determining the second sanction was erroneous. It held that when the Administration considered and decided the second sanction, the former staff member’s pending 蘑菇视频AT appeal regarding the first sanctions...
2026-蘑菇视频AT-1621, Yaser Abu Zeid
The 蘑菇视频AT held that the issues on appeal were whether the 蘑菇视频RWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...
2026-蘑菇视频AT-1622, Gwendolyn Linnea Roeske
The 蘑菇视频AT held that the issues on appeal were whether the 蘑菇视频DT erred in finding the application not receivable for failure to request management evaluation within the mandatory 60?day time limit, whether it erred in identifying the date of notification of the contested administrative decision, and whether any findings on mootness or alleged due process violations affected the outcome. It recalled that its role on appeal is limited to determining whether the 蘑菇视频DT committed an error of law, fact, or procedure resulting in an unreasonable decision.
The 蘑菇视频AT held that the 蘑菇视频DT correctly identified...