Â鶹APP

The Tribunal found that a witness¡¯ evidence on all matters totally lacked credibility and due to its conflicting nature was at best unreliable. The different versions of the facts were entirely contradictory. In such a situation the Tribunal has no course other than to totally exclude all evidence from the witness as lacking any probative value. The testimony presented and heard by the Tribunal does not prove, at the required standard, that the charge of collusion in fraud or gross negligence against the Applicant was made out. The Respondent had the burden of proof, which he did not discharge...

UNDT was satisfied, based on the evidence, that the Applicant was prepared to use his power and influence to make life in the Â鶹APP difficult for the Complainant if she pursued her complaint against him. UNDT held that this evidence satisfied the clear and convincing requirement. The evidence also showed that, during the investigation, the Applicant was afforded the due process rights he was entitled to. UNDT held that the disciplinary action of summary dismissal in this matter was justified and proportionate. UNDT dismissed the application.

Article 13 of the applicable Appendix D requires the ABCC to make its determination ¡°on the basis of reports obtained from a qualified medical practitioner or practitioners¡±. The scope of the ABCC¡¯s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above).; As convincingly explained by the Applicant¡¯s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it¡ªPTSD is per definition a post traumatic...

The management evaluation rescinds the 25 September 2019 decision not to investigate the Applicant¡¯s complaint of abuse of authority. Therefore, in application of Crotty, the Applicant¡¯s request for an order directing UNICEF to comply with its obligations with respect to the complaint is not receivable. The Tribunal notes that as the 25 September 2019 decision was rescinded, further actions or inactions taken following the 7 November 2019 decision constitute fresh administrative decisions, actual or implied. Therefore, in application of art. 8.1(c) of the Tribunal¡¯s Statute, the Applicant must...

The Applicant¡¯s appeal against the decision to place her on administrative leave is not receivable since she failed to file a request for management evaluation as required. The Tribunal found that on the preponderance of the evidence, the Administration failed to demonstrate that the Applicant shouted at two staff members as charged. It was only established that the Applicant ¡°expressed irritation¡± toward one staff member and she ¡°lost her cool¡± and ¡°spoke sharply¡± to another staff member. The Tribunal found that these behavior did not amount to harassment or abuse of authority and thus did...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applicant¡¯s request for management evaluation was out of time. Thus, the application concerning the Applicant¡¯s separation from service due to post abolition is not receivable ratione materiae. It is clear from the evidence on file that the application concerning the Applicant¡¯s separation from service due to post abolition is time-barred and, consequently, not receivable ratione temporis. Non selection for the re-advertised post of Fundraising Officer The burden to prove unlawfulness in relation to non-selection lays with the Applicant as per the consistent internal case law...

Receivability Its well-established jurisprudence that under staff rule 11.2(c), a decision is only reviewable by the Dispute Tribunal if the Applicant has timely sought management evaluation of such decision. A request for management evaluation is a sine qua non condition to have access to the internal justice system as per article 2.1 and 8.1.c) of its Statute and staff rule 11.2(a). Access to justice is not an absolute right and procedural limitations, such as this one, are compatible with the nature and scope of access to justice, provided that they are prescribed by law and do not impair...

The Applicant¡¯s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client¡¯s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...

The Tribunal noted that in accordance with ST/AI/2018/1, eligibility of international staff members for education grant in respect of their children is to be determined by inter alia the conditions that: a) the child is in full-time attendance at an educational institution at the primary level or above, and b) the child is five years of age or older at the beginning of the academic year, or the child reaches the age of five within three months of the beginning of the school year. The Tribunal found that UNICEF correctly considered that at both periods for which the Applicant applied for...