51³Ô¹Ï

Management evaluation: The Tribunal held that the Applicant nullified his request for management evaluation by asking the Management Evaluation Unit (MEU) to put his request on hold indefinitely and by not seeking reinstatement of said request later on. Administrative decision: The Tribunal concluded that although the Applicant filed a management evaluation request, there was no administrative decision within the meaning of article 2.1 of the UNDT Statute outstanding when this request was filed because his fixed term appointment had been extended to 30 June 2012.

Administrative decision: The Tribunal noted that at the time the application was filed, there was a contestable administrative decision. However, subsequent to the filing, the Respondent overturned its initial finding of ineligibility and by so doing it expunged the administrative decision upon which the application was predicated. Consequently, there was no longer a contestable administrative decision to be considered by the Tribunal.

Duty to report receipt of overpayments - The Applicant failed in his duty to make the Organization aware of overpayments made to him, as provided for in section 2.4 of ST/AI/2009/1. The wordings of ST/AI/2009/1 create a duty for staff members not only to report the receipt of overpayments but also to take steps to ensure their recovery. In other words, it necessarily prohibits the unauthorised prevention of said recovery. Proportionality of disciplinary sanctions - Taking into account all the mitigating factors, the sanction of termination imposed by the Respondent was not proportionate to the...

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 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...

Receivability: The Tribunal concluded that the Applicant’s filing of an incomplete application met the time limits for filing an application set out in staff rule 11.4(a) and that as the incomplete application was filed in time, there was no requirement for the Applicant to request a suspension or waiver of the deadline.

The Tribunal found that the Applicant had discharged the burden of proof in showing that her separation from the Organization was motivated by extraneous factors and improper motives. Extraneous factors – There was increased animosity between the Applicant and her various supervisors both in Bor and later when she was transferred to Wau. Consequently, the Tribunal found that bias against the Applicant existed on the part of UNMISS management. Due Process/ Procedural flaw – The responsible officials at the mission all defied the procedures provided for by ST/AI/371 for dealing with reports of...

Compensation for moral injury - A staff member whose fundamental or other rights are infringed upon by the agents of the Respondent is entitled to have an effective remedy granted by this Tribunal. The Administration’s duty to respect fundamental human rights - What happened to the Applicant in the process of her forced eviction by the agents of UNMISS in the morning of 11 November 2011 constituted not only human rights violations but also criminal and civil wrongs. The forceful and unlawful eviction additionally violated Article17 of the International Covenant on Civil and Political Rights...

The Tribunal concluded that the non-renewal of the Applicant’s fixed-term appointment (FTA) was unlawful because he was erroneously subjected to a recruitment and selection process after he had been successfully transitioned from UNMIS to UNMISS as the sole candidate for the post of State Coordinator in Aweil. The Applicant was awarded compensation of one year’s net base salary. Lateral transfer: The Tribunal noted the absence of important terms in the 19 December 2010 letter regarding the length of the assignment and reabsorption and concluded that the Applicant had, in fact, been laterally...

The Tribunal concluded that, based on the inconsistencies identified in the complainant’s statement during the investigation, together with the absence of his testimony during the appeal, as the only direct witness apart from the Applicant, the complainant’s version of facts did not corroborate the other witnesses’ statements, except for one witness, who had only an indirect knowledge of the alleged incident. The Tribunal concluded that there was no reasonable link between the alleged physical assault and the existing injury. The Tribunal further concluded that the procedure followed was...