�山����

Jurisdiction of Tribunal: Although the Administration released the moneys to the applicant, when the jurisdiction of the Tribunal is properly engaged, the mere fact that the Administration “corrects” the decision in question does not end the matter. The applicant is still entitled to seek a determination that the decision is unlawful and an award of compensation. Legality of withholding entitlements: The test is not guilt of the staff member but merely “reason to believe” that they may have been grossly negligent, causing loss. This is an undemanding test, amongst other things satisfied even...

Outcome: The applicant is not entitled to have the note removed simply because no disciplinary proceedings were undertaken in respect of the investigation report. However, the note in its present form is inaccurate and must be removed. Its replacement, if any, must be accurate and first shown to the applicant, who must be given a copy of the investigation report to enable him to place such comment on the file as he wishes, providing it is reasonably connected to the investigation.

The application for deferral of judgment pending the outcome of the appeal is refused. The Respondent is to appoint an official of at least the rank of USG to consider afresh the complaints of the Applicant in respect of the conduct of the SG. The official is to launch an investigation, as appropriate, under staff rule 10.1 if it is reasonable to suspect that the SA acted in such a way as to justify the imposition of a disciplinary measure.

Accountability referral: the USG’s conduct in dealing with the complaint of the Applicant and in giving evidence to the Tribunal is referred to the SG for...

The Applicant alleged that his due process rights were breached and that the sanction was not proportional. Upon review, the Tribunal considers that the Respondent correctly established the facts but did not fully take into account the mitigating circumstances. The sanction applied is therefore too harsh and is modified by the Tribunal. The contested decision is rescinded and the Applicant is to be reinstated. The disciplinary sanction of separation from service with compensation in lieu of notice and without termination indemnities applied to him is replaced with the sanctions of a written...

The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact...

The Applicant’s separations from service were the result of the expiration of his fixed-term appointments in the natural course of business. There were no legal provisions or administrative decision requiring that the Applicant take any breaks in service between his FTAs. The time period between his separation from service on one FTA and his re-employment on another FTA, which was not followed by any type of reinstatement, results in the Applicant’s continuity of service being broken. Therefore, one of the cumulative conditions of ST/SGB/2009/10, to have five years of continuous service before...

Harassment: The Tribunal held that the Applicant’s actions in sending caustic emails and nude photographs of Ms. M, a MONUC staff member he had dated, to other United Nations staff members at their official United Nations email addresses and to their private email addresses constituted harassment within the meaning of ST/SGB/2008/5 in that the emails sought to belittle, humiliate and embarrass Ms. M and to compromise her reputation in a professional context. Proportionality of the sancton: The Tribunal held that the sanction was proportionate due to the fact that the Applicant’s conduct on...

The Tribunal rescinded the decision finding that, in accordance with the plain meaning of ST/AI/2007/3, service with the United Nations Organization does not need to be continuous for a staff member to be eligible to receive ASHI. Staff Rule 4.17 is not applicable to the question of ASHI.

The Tribunal finds that the Applicant failed to declare the existence of his friendship with the selected candidate, including in response to a direct inquiry prior to the completion of the selection process and during the disciplinary process, and that his actions affected the impartiality and fairness of the selection process and the trust vested in him. The Applicant’s due process rights were respected during each phase of the disciplinary process and the sanction imposed was proportional to the misconduct. The application is therefore rejected. The Applicant did not demonstrate that there...