In all the circumstances, the Tribunal finds it has no competency to disturb the award in the judgment, as the Tribunal has already rejected the revision application in Judgment No. UNDT/2019/016. The Tribunal finds that justice would be better served for these matters to be considered by the Appeals Tribunal as there is a further issue that complicates the assessment of compensation herein in light of changed circumstances or new facts.
The Applicant was charged with having engaged in misconduct, namely: cheating and helping others cheat in the psychometric and English language tests of the Entry-Level Humanitarian Professional Programme (EHP). The Tribunal pronouncements are reflected following the different steps in the analysis of the contested decision. Have the facts on which the disciplinary measure was based been established? The Tribunal found that the investigation report clearly stated the facts and the alleged misconduct. It also provided substantial and critical assessment of the evidence presented to the...
The Applicant was charged with having engaged in two acts of misconduct, namely: cheating and helping others cheat in the psychometric and English language tests of the Entry-Level Humanitarian Professional Programme (EHP). The Tribunal pronouncements are reflected following the different steps in the analysis of the contested decision. Have the facts on which the disciplinary measure was based been established? The Tribunal found that the investigation report clearly stated the facts and the alleged misconduct. It also provided substantial and critical assessment of the evidence presented to...
The Tribunal, after hearing evidence and submissions but before reaching a determination on the merits of the case save for a finding of procedural error, decided that this was an appropriate case in which to invoke art. 10.4 of the UNDT Statute to seek the concurrence of the Secretary-General to remand the case for institution or correction of the required procedure. The Tribunal considered it appropriate to approach the Secretary-General directly and not through Counsel who represents the SecretaryGeneral as the Respondent in this case. The Tribunal considered that such an approach would: (i...
Concerning receivability ratione temporis, the Tribunal found the applications receivable ratione temporis in view that 1) it did not process the Applicants’ 2014/2015 motions for extension of time, thus did not include in its March and June 2015 adjudication of similar cases and 2) in light of UNAT’s reversal of the UNDT’s March and June 2015 judgments. Concerning receivability ratione materiae, the Tribunal considered the fact that the Applicants did not request management evaluation on the grounds that the decision had been taken by a technical body. In this connection, the Tribunal noted...
The Tribunal refused to entertain the application. It found that the Applicant had submitted a most confused and inarticulate application. The application had many flaws. The Tribunal, therefore, determined that a summary judgment was appropriate and the application was accordingly refused.
1)Disciplinary sanction The Applicant failed to disclose that her husband had been employed by UNICEF vendors during the Applicant’s employment with UNICEF and these material facts on which the disciplinary measure was based have been sufficiently established and were not in dispute between the parties. The legal framework is sufficiently clear in determining that a conflict of interest may exist even where there is only the possibility that the staff member or the private business with which he or she may have association could benefit from such association. The Administration properly...
The Tribunal held that the Application was moot and irreceivable. The Tribunal observed that it had acquired ex officio knowledge that the Applicant had been separated from service on the grounds of abandonment of post. The Tribunal acquired this knowledge from Case No. UNDT/NBI/2018/105 that was also filed by the Applicant. In the circumstance, the Applicant was no longer a staff member and her request to be transferred to a duty station where the supply of electricity was stable or to grant her an agreed termination of the appointment had been overtaken by subsequent events rendering the...
The Applicant’s claim for damages based upon an allegation that his property was destroyed and that his private safety deposit box containing USD21,000 in cash was lost was found irreceivable. The Applicant did not include this claim in his application. The Tribunal found the application to be irreceivable regarding the claim for reimbursement of the cost of security services from November 2014 till May 2015. That claim did not expressly form part of the application or the management evaluation request. The claim for damages equalling USD150,000 for “subsistence while stranded in Uganda...
Receivability: The Respondent submitted in his reply that the Applicant’s request for compensation was not made within the requisite time limit. However, in denying the Applicant’s claim for compensation, the Administration did not reject his claim on the ground that it was filed late but rejected his claim on the merits and thus the Administration implicitly waived the timeline required under ST/AI/149/Rev.4. Since the contested decision is the Claims Board’s decision to deny the Applicant’s claim for compensation and the Applicant complied with the mandatory requirement of submitting a...
