Ä¢¹½ÊÓƵ

This application does not meet the requirements of art. 12(3) of the Ä¢¹½ÊÓƵDT Statute and art. 30 of the Ä¢¹½ÊÓƵDT Rules of Procedure. There is no need to clarify the meaning of Judgment Ocokoru Ä¢¹½ÊÓƵDT/2015/004 since it was fully implemented years ago. Furthermore, the grounds submitted by the Applicant as a basis for interpretation have already been clearly and unambiguously determined by this Tribunal previously. Consequently, the Tribunal dismisses the application in its entirety.

The Ä¢¹½ÊÓƵAT concluded that the Dispute Tribunal had been guided by the appropriate factors in making its award of compensation in lieu. Specifically, the Ä¢¹½ÊÓƵDT had considered the seniority of the staff member, the type of contract he held and the chance of being offered equivalent positions, the reasons for termination, and months of service until retirement age. In light of the Ä¢¹½ÊÓƵAT¡¯s deference to the Ä¢¹½ÊÓƵDT in such matters, the Ä¢¹½ÊÓƵAT found it to be an adventure in futility to re-examine these factors.

The Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s contention that the length of the Temporary Job...

The Tribunal finds that the Applicant is challenging an administrative decision that is alleged to be in non-compliance with his terms of appointment or his contract of employment and is not challenging the legitimacy of General Assembly resolution 66/234. The application is accordingly receivable.

The General Assembly resolution, Staff Rules, and the ICSC principles and guidelines are clear and unambiguous. These rules stipulate that GS staff wishing to apply for a professional post must first pass the G to P exam unless exceptional approval for a waiver is granted.

Staff at level FS-5 and...

The Secretary-General filed an appeal.

The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT exceeded its jurisdiction and erred in law when it interpreted Staff Rule 6(3)(a) as allowing Ms. Barbulescu as a commissioning mother in a surrogacy to be entitled to maternity leave contrary to the clear and unambiguous Staff Regulations and Rules. The Ä¢¹½ÊÓƵDT enlarged the scope of Staff Rule 6(3) to an extent that it made a policy decision which is in the purview of the Secretary-General. Further, the Dispute Tribunal erred in making factual findings without evidence.

The Appeals Tribunal however held that the...

The Ä¢¹½ÊÓƵAT held that the decision to cancel the appointment process and initiate a new process was one which fell squarely within the discretionary authority of the Administration. Given that a new appointment process had been embarked upon, there was no longer any administrative decision alleged to be in non-compliance with AAP¡¯s terms of appointment or contract of employment. Any dispute concerned with the initial appointment process was moot in the sense that there was no live issue in dispute which required determination by the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly dismissed AAP¡¯s...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in holding that the Administration misinterpreted one of the requirements for the position advertised in JO 127555, namely ¡°experience in leading large teams¡±, as requiring experience of direct supervision of 10 people or more. The Ä¢¹½ÊÓƵAT further found that the vacancy announcement allowed for a such contextual interpretation as the literal meaning of ¡°lead¡± is very general and does not, by itself, allow for an exact comprehension of the intended meaning. Therefore, the Ä¢¹½ÊÓƵAT held that it was reasonable for the Administration to interpret the requirement of...

The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.

The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...

The application is DISMISSED in its entirety.

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member¡¯s separation. The Ä¢¹½ÊÓƵAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

The Ä¢¹½ÊÓƵAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

The Ä¢¹½ÊÓƵAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. Ä¢¹½ÊÓƵDT/2022/124 and that the Ä¢¹½ÊÓƵDT did not err in delivering its Judgment during the pendency of that appeal. The Ä¢¹½ÊÓƵAT nevertheless observed that the Ä¢¹½ÊÓƵDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the Ä¢¹½ÊÓƵAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT rightfully refused to...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the staff member did not cite any provision of Article 2(1) of the Ä¢¹½ÊÓƵAT Statute and did not indicate whether any errors by the Ä¢¹½ÊÓƵRWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The Ä¢¹½ÊÓƵAT held that the appeal was defective and consequently not receivable.

The Ä¢¹½ÊÓƵAT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the Ä¢¹½ÊÓƵRWA DT had determined the amount of in-lieu compensation. The Ä¢¹½ÊÓƵAT also agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s...

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.

The Ä¢¹½ÊÓƵAT held that the Appellant¡¯s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.

The Ä¢¹½ÊÓƵAT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...

The Ä¢¹½ÊÓƵAT dismissed the appeal, without prejudice.

The Ä¢¹½ÊÓƵAT noted that Mr. Radu¡¯s appeal concerned the administrative decision of 8 November 2021 in respect of his separation from service during certified sick leave.

The Ä¢¹½ÊÓƵAT further noted that a separate appeal by Mr. Radu, first before the Appeals Board and now before the Ä¢¹½ÊÓƵAT, concerned that same administrative decision of 8 November 2021 on its merits, i.e. the disciplinary measure of separation from service for the alleged misconduct (Ä¢¹½ÊÓƵAT Case No. 2023-1804).

The Ä¢¹½ÊÓƵAT found that the impugned Appeals Board Decision in this case was not...

As a preliminary matter, the Ä¢¹½ÊÓƵAT dismissed Mr. Qassem¡¯s request for an oral hearing. The Ä¢¹½ÊÓƵAT found that the factual and legal issues arising from the appeal had been clearly defined by the parties and moreover, an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±.

The Ä¢¹½ÊÓƵAT found that since Mr. Qassem¡¯s fixed-term appointment was extended beyond 31 March 2020, with no effect given to the initial administrative decision not to renew his employment beyond this date, the Ä¢¹½ÊÓƵDT did not err in finding that the application was moot since the administrative decision...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant¡¯s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the Ä¢¹½ÊÓƵAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The Tribunal observed that there was no dispute with respect to the material facts of the case. The Applicant was subject to an investigation and disciplinary process while employed at Ä¢¹½ÊÓƵOPS, had his appointment terminated for misconduct, and did not disclose this information in his PHP when applying for the position at the Ä¢¹½ÊÓƵLB, Ä¢¹½ÊÓƵGSC.

The Applicant's attempts to justify his conduct were both illogical and not grounded on evidence.

False claims and misrepresentations of qualifications on PHPs constitute serious misconduct for violating the legal framework. The Applicant's conduct was not an...

The Tribunal noted that there was no submission on record indicating that the contested decision imposed adverse consequences on the Applicant. The Tribunal, thus, found that it was not established how the contested decision adversely affected the Applicant¡¯s employment. Accordingly, the Tribunal held that the jurisdictional constraints did not allow it to hear and decide the application in the absence of a particular facts-based case. Therefore, the application was dismissed as not receivable.

The Applicant did not seek a waiver of suspension of the deadline facing her, nor did she meet the deadline. For this reason, the application is not receivable ratione temporis as it is time-barred.

The Tribunal noted that the Applicant contended that he was separated for non-disciplinary reasons, while the Respondent provided proof indicating that the termination decision was made on 11 March 2022 and rose from an incident on 2 October 2019 in which the Applicant allegedly drove a United Nations vehicle while under the influence of alcohol and damaged that vehicle.

The Tribunal thus held that: a) to the extent that the termination decision was for reasons other than disciplinary, the Statute of the United Nations Dispute Tribunal required that, to be receivable, the Applicant ought to...