51³Ô¹Ï

The Tribunal dismissed the application for the following reasons: the facts had been established to the requisite standard of clear and convincing evidence because the Applicant failed to provide any evidence to contradict the Respondent¡¯s fundamental findings on the objective and subjective elements of the impugned conduct; the established facts qualified as misconduct because the Applicant failed to act with the diligence required of staff applying for education grant entitlements pursuant to ST/AI/2011/4; the sanction was not disproportionate because it was not the most severe sanction for...

Although the Organization¡¯s payment of the Applicant¡¯s final entitlements into the wrong bank account was a serious irregularity, the Tribunal concluded that the irregularity did not obliterate the fact that the Organization discharged its final payment obligation toward the Applicant because the payment was made into the Applicant¡¯s account on record. This mistake did not cause financial damage to the Applicant but rather resulted in a reduction of his personal liabilities. Further, the Applicant had had several opportunities to authorize the return of the funds to the Organization, and thus...

The Tribunal found that the right to know the contents of the report, although summarized, was implicit in the right of a staff member to complain against third persons because this right includes the right to know the reasons for which the Administration did not punish the accused person and the right to challenge this decision, founding the claim on specific grounds related to the Administration¡¯s assessment of the facts. The jrusiprudence acknowleges the right of the complainant to have a summary of the report is recognized too, and it is confirmed that only under exceptional circumstances...

Irregularities in connection with a process, including alleged delay in reaching a final decision, may only be challenged in the context of an application contesting the conclusion of an entire process. Indeed, this final administrative decision, which concludes the compounded administrative process in administering a staff member¡¯s complaint, is the only challengeable one and absorbs all the previous preliminary steps. The Tribunal noted from the record that the investigation of the Applicant¡¯s FRO¡¯s complaint had been completed and OHR had provided its assessment on the case. It further...

The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant¡¯s actions, as established by the facts, were abuse of the Applicant¡¯s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration¡¯s finding that the Applicant...

As per the account of both parties, previously awarded costs had been paid and, thus, what remained to be considered is if the 2014 contested decision has been fully rescinded or not. The issues at stake are of a medical nature and that is why this Tribunal remanded the matter by Order No. 24 (GVA/2016) so that a Medical Board is convened and a determination on the Applicant¡¯s sick leave entitlements is made. This medical determination is a condition sine qua non for the submission for consideration for a disability benefit by the UNSPC. Contrary to what the Applicant argues, UNJSPF...

The Tribunal found that the Respondent complied with the judgment and took steps to execute the judgment accordingly. The Applicant failed to show that the judgment remains unexecuted. The Tribunal held that the express notice in the form of the memorandum from the Respondent advising the Applicant of his reinstatement from date of separation in compliance with the judgment was proof of execution.

The Tribunal concluded that based on the totality of evidentiary material, the electronic fuel monitoring system (EFMS) transaction records, Vivo Energy transaction logs, and the identification by witnesses heard in the investigation, it was satisfied that the Applicant¡¯s participation in the fraudulent scheme had been shown by clear and convincing evidence. On the due process prong, the Tribunal noted that the Applicant faulted the conduct of the investigation on the ground that the investigators favoured inculpatory evidence and ignored potential exculpatory factors. The Tribunal observed...

The impugned ¡°decision¡± carried no ¡°direct legal consequences¡± given that it was not final and remains open to challenge by way of rebuttal.

The Tribunal was satisfied that the verbal decision conveyed to the Applicant was ¡°clear and unambiguous¡± enough to have met the test laid down by the Appeals Tribunal in Auda. The Applicant¡¯s repeated emails to the Respondent to express his disagreement with the impugned decision is evidence of the clarity of the decision. Time began to run from the date the decision was conveyed to him unambiguously.