The decision to have the Applicant consent to an Independent Medical Evaluation ("IME") was reasonably taken in the interest of the Organization.
The Tribunal held that there was no unlawful behavior by UNHCR in following and implementing the recommendations arising from the IME. The decision was rational, procedurally correct and appropriate.
On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent’s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.
Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...
Having received the management evaluation response on 25 October 2022, the Applicant had 90 days to file an application in accordance with art. 8(1)(d)(i)(a) of the UNDT Statute, that is, by 23 January 2023, but failed to do so. Therefore, insofar that the application is premised on the management evaluation response of 25 October 2022, it is not receivable ratione temporis.
In respect to the 4 October 2022 decision, the Applicant did not request management evaluation of said decision and the application is therefore not receivable ratione materiae.
To the extent that the Applicant received...
The Tribunal held that the decision to change a staff member’s reporting lines is not a reviewable administrative decision under art. 2(1)(a) of the Dispute Tribunal's Statute. The Tribunal, further, established that the contested decision did not produce direct adverse legal consequences to the Applicant’s employment contract. The Applicant continued to perform his functions at the P-4 level. The only change was that he reported to different persons. Accordingly, the application was dismissed as not receivable.
The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.
The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.
The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.
Since the ABCC was advised by a technical body its decision does not require management evaluation.
The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.
The Tribunal concluded that the relevant decisions to fast track the transition of the Applicant's post to Senior Gender Officer were fair, just and transparent.
The lack of justifiable explanation on the part of the Respondent for the delay from December 2018 to June 2021 could only be attributed to lack of due care and diligence, transparency, accountability and good faith. Therefore, the Tribunal held that the delay was compensable.
The Applicant proved beyond a balance of probabilities that the mental and emotional harm suffered by the dependents was directly attributable to the Administration’s negligent handling of the matter.
The claim of moral harm was sufficiently proved to the requisite standard.
The application is DISMISSED in its entirety.
A lack of cooperation is not always a relevant circumstance in every case to be taken as aggravating factor. Sometimes, if the lack of cooperation is not serious, it may not be taken as an aggravating circumstance. However, the nature of the case may affect how lack of cooperation during an investigation is viewed. Being dishonest and misleading during the investigation may be considered serious and be taken as a ground of aggravation. Therefore, it cannot be concluded that a lack of cooperation can never be considered as an aggravating circumstance.
While the Appeals Tribunal has repeatedly...
