51³Ô¹Ï

- The question at hand is whether the Applicant has been fully reimbursed for her 2019 tax liability, regardless of tax liability share. What affects an Applicant’s terms of employment is the payment of her total tax liability and not how different entities are to cover it. Any issue concerning the division of tax liability is to be dealt with by the Organizations involved, not by the Applicant. - The total amount received by the Applicant equals the undisputed total amount that she was entitled to receive. Consequently, the Applicant has been reimbursed in full for her tax liability.

Having examined the evidence on file, particularly the panel’s investigation report and its annexes, the Tribunal is satisfied that OHCHR properly handled the Applicant’s complaint against his FRO, and that the case record fully supports the reasonableness of the decision not to initiate disciplinary proceedings against said FRO. The Tribunal further observes that the Applicant’s due process rights as set forth in ST/SGB/2008/5 and ST/AI/2017/1 were respected. The Applicant was inter alia interviewed and given an opportunity to provide his version of events and informed of the outcome of his...

Considering that the Tribunal’s competence is a matter of law, which may be adjudicated even without serving the application to the Respondent for reply and even if not raised by the parties (see Gehr 2013-UNAT-313; Boutroue UNDT/2014/048), the Tribunal deems it appropriate to decide on the present application by way of summary judgment, as provided for in art. 9 of its Rules of Procedure. The Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations. Moreover, the Tribunal considers that WFP is not one of the...

Pursuant to art. 9 of the Tribunal’s Rules of Procedure and to established jurisprudence, the Tribunal can choose to issue a summary judgment without taking any argument or evidence from the parties as the Tribunal’s Statute prevents it from receiving a case that is not receivable. Likewise, art. 19 provides that it may issue any order or direction that is appropriate for the fair and expeditious disposal of the case. In addition, such provision allows the Tribunal to deal with issues of receivability as a preliminary matter in the interest of judicial economy. Therefore, the Tribunal can...