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Relevant matters were ignored. The timing and circumstances of the Applicant’s appraisals, sick leave taken, the nature of the four-month assignment in 2018 and the reasons for it, are relevant. These factors have been considered in coming to a determination that a proper exercise of the Respondent’s discretion would have been to consider an appraisal of the Applicant’s work for the four-month period in 2018. The Applicant was on sick leave for the first seven months of the year but there is no provision in the regulatory framework indicating that the appraisal for a shorter period of work...

Receivability The Applicant’s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant’s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal’s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...

The Tribunal finds that, contrary to the Respondent’s submissions, the Applicant’s allegation that she was performing Administrative Assistant functions at the relevant time is supported by her 2016-2017 and 2017-2018 e-PASes, Personal History Profile and Letters of Appointment which were the relevant documents for purposes of the comparative review process (“CRP’). The Applicant has successfully rebutted the presumption of regularity by proving through clear and convincing evidence that the CRP was unlawful. The administration violated its own regulations and rules governing its conduct. The...

Even though the relevant legal framework provides no guidance on the procedure to be followed for a transfer decision, the general principle of good faith and fair dealings dictates that a staff member should typically—and at a minimum—be consulted about such transfer before the final decision is made and priorly be provided with a genuine opportunity to comment thereon --As a matter of good faith and fair dealings, an administrative decision that significantly alters the terms and conditions of a staff member’s employment should be notified to this person in a formal written decision --It is...

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 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...

In sum, based on the record on file and the oral evidence provided at the hearing held on 12-14 October 2021, the Tribunal finds that it is established that the Applicant slapped MK on 25 November 2016 but the rest of the allegations by MK are not established. Since it is established by clear and convincing evidence that the Applicant slapped MK, the established facts amount to misconduct. Considering the nature and gravity of the Applicant’s misconduct, mitigating circumstances that the Administration took into account, as well as the past practice of the Organization in matters of comparable...

The Tribunal found that documentary evidence, including at least two instances of consecutive transactions for materially impossible refueling on 16 February 2017 and on 17 May 2017, confirmed the Applicant’s participation in the fraudulent fuel scheme and his submission of falsified documents. The Tribunal thus concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. Regarding misconduct, the Tribunal agreed with the Respondent that the Applicant improperly used United Nations property for his personal gain in a matter...

When the Applicant sought management evaluation of the imposition of a condition to the extension of his fixed-term appointment, he did not contest the actual non-extension of his appointment which was yet to be taken at that time. The Applicant did not seek management evaluation of the non-extension of his fixed-term appointment before he filed the present application. Accordingly, any appeal of the non-renewal of the Applicant’s appointment would not be receivable ratione materiae. The imposition of the condition of resignation did not in itself have a direct legal impact on the Applicant’s...

The facts in support of both counts leveled against the Applicant (count 1: creating a hostile, offensive and humiliating work environment for one staff member and count 2: abuse of authority concerning the recruitment and employment of a consultant) have been established in the case at hand not only by preponderance of evidence, the applicable threshold, but also by clear and convincing evidence. The established facts were in violation of the applicable legal framework, namely ST/SGB/2008/5 and ST/AI/2013/4. Cases involving the creation of a hostile and offensive work environment have...