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The Respondent withdrew from the impugned decision to change the Applicant’s functional title from Team Assistant to Language Assistant. Accordingly, the claim was moot at the time of the filing of the application and therefore not receivable. With respect to the decision to remove the Applicant’s responsibility for the Litani magazine the Tribunal found that this claim was not the subject of management evaluation and therefore not receivability. With respect to the Applicant’s reassignment, the Tribunal noted that the impugned decision entailed a change in the Applicant’s place, her...

The Applicant’s education grant claim for his four-year-old son did not fall under the exception of section 2 of ST/AI/2011/4 Amend 1. To the extent that the entitlement for private tuition in the mother tongue of the; Applicant was part and parcel of the education grant and not separate from it, the Applicant would be entitled to it only where the child in respect of whom he makes the claim is entitled to an education grant. This Tribunal cannot decide as to whether the Applicant ought to have been allowed during the management evaluation process to review any documents and whether failure to...

The Tribunal concluded that the decision to separate the Applicant was discriminatory, constituted abuse of authority and was therefore unlawful because of the apparent bad faith on the part of the Applicant’s supervisor in initiating and concluding a new recruitment contrary to the Civilian Staffing Review recommendation, and her unauthorized nationalization of the Applicant’s post one year before the approved date. To ensure the Applicant’s continuity of service when decisions are being made about her eligibility for a continuing appointment and after service health insurance, the Tribunal...

UNDT held that it was a case in which the host country was not forthcoming or did not provide reasons which justified the PNG decision. UNDT held that once the Organisation had verbally stated, determined and notified the Applicant that the allegations against her were not considered misconduct, it had a duty as per Hassouna (UNDT/2014/094) not to change the terms and conditions of her contract. UNDT held that the Secretary-General had the power to reassign the Applicant on an exceptional basis and should have done so. UNDT held that, according to Hassouna, the Organisation could not resort to...

The Tribunal found that there was clear and convincing evidence that on the morning of 9 February 2015, at his office, the Applicant commited misconduct. The established facts legally amounted to misconduct, in violation of the norms consistently upheld by the Organization since at minimum 1992, where sexual harassment was described as unacceptable behaviour for the staff of the United Nations, and reiterated through, among other, outlawing, in 2003, sexual exploitation and abuse as serious misconduct warranting a summary dismissal, and through a detailed anti-harassment and abuse of authority...

The final decision to terminate the Applicant’s continuing appointment has not yet been taken. In this case, the General Assembly had not endorsed abolition of the specific post encumbered by the Applicant, but, rather, one of the two which were subject to the comparative review. Retaining the Applicant in service was not foreclosed and may have been effected by either the Administration’s own action or by the Tribunal’s judgment, should the Applicant’s case prevail on the merits. The contested decision did not have a direct impact on the applicant’s terms of appointment as it merely...

Considering that the sanctioning decision relied heavily on the finding that the Applicant had had five times over the limit established by the SOP from 2012, the interpretation of the reading of the breathalyser remained an issue. In this respect, the Tribunal was not satisfied that the evidence was clear and convincing. The Respondent rejected an explanation offered by the Military Police officer in charge of administering blood tests that the breathalyzer had recalculated the contents of alcohol found in the exhaled breath (BrAC) to relative alcohol contents in blood (BAC) and displayed the...

The Tribunal held that there was no breach of the applicable procedures in the selection process. The Administration acted in accordance with the UNIFIL guidelines for the selection of staff members. The Applicant was clearly given a full and fair consideration as demonstrated by the fact that she advanced through the process until the final stage. Accordingly, the application was dismissed.

The Tribunal noted that the complaint about the long period it took for the Applicant to be paid and the dispute over the amount of the pension paid to him were beyond the scope of the application since they were not subjected to management evaluation as required by art. 8.1(c) of the Dispute Tribunal’s Statute and staff rule 11.2(a). The Tribunal found that the Administration had proper legal grounds for refusing to issue the separation notification to the UNJSPF in accordance with staff rule 3.18(c)(ii), ST/AI/2009/1 (Recovery of overpayments made to staff members) and ST/AI/155/Rev.2 as...

The application was dismissed. The Tribunal reasoned that in light of staff regulation 1.2(c ) and the Applicant’s job description, reassigning her from one work station to another within UNIFIL was legitimate. Therefore, the impugned decision being a lawful exercise of discretion, there was no basis to rescind it.