Â鶹APP

The Tribunal took note of the Applicant¡¯s preference to have this case adjudicated in New York since he was ¡°partially resident¡± in the United States with his family. However, having reviewed all of the arguments advanced by the parties since the filing of the case with the New York Registry, particularly the official documents provided by Counsel for the Respondent, the Tribunal considered that it was appropriate and in the interest of justice to transfer the case to the Geneva Registry. The Tribunal was also satisfied that the Applicant would not be prejudiced by the transfer of the case to...

The Tribunal reviewed the supporting documents filed by the Applicant and understood that she was facing personal circumstances that affected her ability to review court documents and prepare submissions as a self-represented Applicant. The Tribunal was also mindful of the Applicant¡¯s right of access to the internal system of justice. At the same time, the Tribunal could not continue extending routine filing deadlines and delay the proceedings indefinitely.

The Tribunal considered that the interests of justice, including those of both parties, obliged it to adjudicate the case as expeditiously...

The Tribunal considered that the Applicant did not establish the required irreparable damage. First, the Tribunal noted that the Applicant did not submit that she faced loss of employment or income, but rather that her placement on ALWP was ¡°detrimental and harmful to her professional work and reputation¡±. Second, by arguing that ¡°she [would] have to painstakingly re-establish her credibility and authority¡± and ¡°rehabilitate¡± her professional image, she was, in fact, arguing that these aspects can be repaired. Third, the Applicant did not provide any supporting documentation, such as a medical...

The Tribunal noted that the Applicant requested the interim measure of ¡°[s]uspension of [a]ction of the proposed separation of the Applicant¡± under art. 14 of the Rules of Procedure. The applicable rule stipulates that an application for interim measures during the proceedings must not concern appointment, promotion or termination. As this was clearly a case where the application concerned termination, the temporary relief set out in art.14 was unavailable to the Applicant.

In any event, the Tribunal noted that the contested decision had already been implemented and that the Applicant had...

The Tribunal was satisfied that the Applicant had met all the requirements for a suspension of action by showing that the contested decision appeared prima facie to be unlawful, that this was a case of particular urgency, and that implementation of the decision would cause irreparable damage.

The Tribunal initially ordered that, in accordance with the Appeals Tribunal in Villamoran 2011-UNAT-160, the contested should not be implemented during pendency of the present proceedings and before it had adjudicated all matters of the present case.

As the Applicant filed the application to the Dispute Tribunal after the selection had already been implemented, the application for suspension of action was therefore not receivable.

A staff member¡¯s duty to abide by managerial instruction lies at the heart of employment relationships and the Tribunals are expected to accord a measure of deference to managerial authority, including in setting performance standards (see, Applicant 2020-UNAT-1030, para. 34).

The Applicant has not demonstrated any procedural or substantive breach of his rights. In the absence of any evidence that the performance standards applied by UNICEF are manifestly unfair and irrational, the Tribunal cannot substitute its decision for that of the decision-maker to overturn the contested decision.

Accordin...

The UNAT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the UNDT issued the first Order. The UNAT held that this was not grounds to grant the interlocutory appeal, because ABA¡¯s arguments were heard by the UNDT when he filed his motion for reconsideration.

The UNAT held that the UNDT did not exceed its competence or jurisdiction when it issued these case management orders. The UNAT was also not persuaded by ABA¡¯s argument that the violation...

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY¡¯s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

The Appeals Tribunal dismissed both appeals.

The Appeals Tribunal held that the UNDT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling¡¯s application was not receivable ratione materiae.

The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable.