Â鶹APP

The various acts submitted by the Respondent¡ªGeneral Assembly resolution 76/245 (Questions relating to the proposed programme budget for 2022) dated 24 December 2021; ACABQ report A/76/7 (First report on the proposed programme budget for 2022) dated 13 August 2021; Draft Fifth Committee resolution submitted by its Chair following informal consultations A/C.5/77/L.23 (Questions relating to the proposed programme budget for 2023) dated 30 December 2022; General Assembly resolution A/RES/77/262 (Seventy-seventh session, Agenda item 138, Proposed programme budget for 2023) dated 30 December 2022...

The Tribunal held that there was insufficient evidence to support the conclusion that any distress caused to the Applicant was a result of the failure to resolve the harassment complaint and therefore an essential link in the requirement to prove moral damages had not been established by the evidence. The Tribunal noted that the finding that there was abuse of power was not based on an administrative act which was part of the Applicant¡¯s application. The Applicant claimed that the delay was part of the harassment meted out by the Administration. However, she never provided evidence to link the...

There was no evidence on record of a management evaluation request submitted by the Applicant. Instead, the instant application was preceded only by an ME request made in October 2021, by a colleague of the Applicant, one Mr. AA. The Tribunal found that it was apparent however, that the Applicant considered the said ME request to have been made on his behalf as one of the affected members of the UNAMID national staff. The ME request was submitted more than four years after the Applicant received notification of the administrative decision being contested. The application was accordingly not...

The Tribunal finds that the Applicant does not meet the criteria which would entitle him to seek recourse within the internal justice system. From the documents before the Tribunal follows that the Applicant is not a Â鶹APP staff member. The Applicant¡¯s submissions do not establish that an offer of employment had been issued and the Applicant does not provide any evidence that he is entitled to contract-based rights with a view to employment as a staff member within the Organization. The Administration did not undertake to conclude a contract for the recruitment of the Applicant as a...

There are incidents on which the Applicant had no direct knowledge. Consequently, he has no standing in filing a complaint of prohibited conduct in relation to them.

It was inappropriate for the Director, DA, UNOG, to play an instrumental role in the constitution of the investigation panel considering that he was the decision-maker in relation to one alleged incident, was a material witness in the investigation and was highly likely to be interviewed by the investigation panel. Several factors cumulatively gave rise to a reasonable perception of a conflict of interest on the part of a panel...

Scope of judicial review and the contested decision The Applicant described the contested decision as a failure to implement ¡°measures to promote a harmonious work environment and protect personnel from prohibited conduct through preventive measures¡±. As remedies, the Applicant sought damages for moral harm and emotional distress resulting from the Administration¡¯s breach of its duty to ensure a harmonious work environment. Accordingly, the Applicant seeks to contest the Administration¡¯s failure to take appropriate measures to promote a harmonious work environment and protect him from...

The administrative decision to close a staff member¡¯s complaint with no disciplinary action produces direct legal consequences affecting his/her terms and conditions of appointment. Moreover, when the claim concerns issues covered by ST/SGB/2008/5, the staff member is entitled to certain administrative procedures. If he or she is dissatisfied with their outcome, he or she may request judicial review of the administrative decisions taken. Accordingly, the application is receivable in its entirety.
The Panel did not comply with its duty to take the necessary steps to obtain the testimony of one...

UNAT dismissed the appeal. As a preliminary matter, UNAT denied AAB's request for an oral hearing on grounds that there was no need for further clarification since the factual and legal issues arising from the appeal had already been clearly defined by the parties, and an oral hearing would not assist in the expeditious and fair disposal of the case. UNAT dismissed AAB's claim that her right to a fair trial before the UNDT had been violated because, since the application was found not to be receivable, and she was denied the opportunity to file a rejoinder. UNAT noted that there is no...

UNAT rejected Mr. Valme¡¯s claim that the allegation of sexual exploitation and abuse had not been established against him, on grounds that any consideration about the complaint of sexual abuse was beyond the scope of the case, because his application concerned other prohibited conduct that came to light during the investigation. UNAT found no merit in Mr. Valme¡¯s contention that the UNDT failed to consider the totality of the evidence and referred to it in a selective way, thereby displaying bias. UNAT found that it was inherent to the principle of judicial persuasion that courts and...

UNAT considered an appeal by Mr. Zaqqout. As regards an oral hearing, UNAT found that since the application was dismissed on grounds of receivability, Mr. Zaqqout¡¯s arguments were not persuasive enough so as to justify an oral hearing at this stage. Some of the issues raised in the appeal were connected to the merits of Mr. Zaqqout¡¯s application and did not meet the threshold of the receivability assessment. Since Mr. Zaqqout was made aware at the very early stage of the proceedings of the UNRWA¡¯s allegation that he had been notified of the impugned decision on 30 December 2018, he should have...