�山����

The Tribunal is satisfied by the evidence tendered before it in respect of the Applicant’s chronic absences. The Tribunal is not convinced that the reasons proffered by the Applicant to explain his unauthorized absences were beyond his control. The Tribunal considers that the Applicant was given ample opportunity to address this performance shortcoming. The Tribunal is satisfied, in consideration of the requirements of section 8.3 of ST/AI/2002/3, that the ICTR Administration had taken steps to rectify the situation in respect of the Applicant’s chronic absenteeism.

The question of waiver of time limits applicable to transferred cases is governed by Article 8.3 of the Statute rather than by Staff Rule 111.2(f). A request for an administrative review or management evaluation is mandatory in the present case. With regard to section 1.4 of ST/SGB/2009/11, the Applicant cannot be considered to have satisfied the requirement to submit a request for management evaluation as provided for in Article 8 paragraph 1 (c) of the Statute.

The Tribunal found established the facts of which he was accused and considered they constituted misconduct, no irregularity was identified in the procedure and the sanctions were not deemed disproportionate. However, unlike the written censure and demotion, the prohibition of promotion for a certain period of time was not among the range of disciplinary measures foreseen in former staff rule 110.3 (a), which rendered its imposition unlawful, pursuant to the principle nulla poena sine lege. Hence, the said sanction was rescinded and CHF1000 granted as compensation for the loss of chances...

The more serious an allegation against a staff member and attendant sanction, the higher the degree of proof required. Establishing criminal liability in investigations and judicial proceedings even in the context of a civil matter such as this must necessarily require that a standard higher than the ordinary one of a balance of probabilities must be attained. The OIOS Investigations Manual requires that investigators approach matters with an “open mind” and emphasises that their task is to “establish facts” and draw “reasonable conclusions” from those facts. It is a “dispassionate...

The charge relating to the unauthorized use of the UNON ID card to gain access to the �山����premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse �山����privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the �山����Commissary. Based on the evidence, the Tribunal found that on the balance of...

Break in service: The Tribunal has not found a policy on mandatory breaks in service and no document has been produced recording it. The respondent has failed to demonstrate a consistent application of the practice of enforced separation between temporary contracts. Further, there was a deliberate delay in progressing the appointment of the applicant which was to her detriment. Compensation: The applicant is to be placed in the position as if there had been no such break in service in May 2008. The manner in which the applicant was treated, aggravated by the exercise of an abuse of power...

The Tribunal takes note that the Applicant has failed to file his application within the deadline given to him in the Tribunal’s Order of 22 January 2010 and even beyond. It also notes that the Applicant has not provided any reasonable explanation as to why he did not comply with the Order of the Tribunal. By his behaviour and attitude the Applicant has displayed a singular blatant ignorance of a court order. His conduct is one of contempt of the Tribunal. This attitude does not befit persons who like the Applicant come to seek justice and a vindication of their rights before the Tribunal.

In accordance with article 18, paragraph 2, of its rules of procedure, the Tribunal may order the production of evidence for either party and the parties have to provide such evidence, even though they consider it to be confidential. According to article 18, paragraph 4, of its rules of procedure, it falls upon the Tribunal to assess the confidentiality of the evidence and, if it finds the evidence to be confidential, it is the Tribunal’s responsibility to ensure that measures are taken to preserve such confidentiality. In the instant case, the Tribunal did not use the confidential documents...

No exceptional circumstances justifying a waiver of time limits prescribed in former staff rule 111.2 (a) could be found. The Applicant having served for long time in the Organization, she had ample opportunity to become familiar with the applicable rules. Therefore, it is reasonable to expect the applicant to be acquainted with the rules on time limits. The Applicant was not induced into error by MEU response as to the outcome she could expect from a procedure before the Tribunal. The transition to the new justice system cannot be said to have affected the Applicant’s ability to timely...

The Applicant’s request for review is time-barred as far as the decision not to renew her appointment is concerned. As regards both the non-renewal of the Applicant’s contract and the alleged mishandling of her visa request (even assuming that such mishandling could be linked to an administrative decision subject to appeal), the Applicant, in the absence of a response from the Secretary-General within two months of her request for review, had one month to file an appeal with the JAB. The appeal is time-barred as well. Given that the time limits prescribed in staff rule 111.2 (a) were not...