Â鶹APP

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse¡¯s and his father in law¡¯s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

The Applicant did not appeal a final administrative decision carrying direct legal effects. The application was therefore not receivable ratione materiae. The contested decisions had no nexus with the Applicant's former employment with the Organization, the application was therefore not receivable ratione personae.

Scope of judicial review The Applicant only challenged the dismissal of his complaint against his FRO and SRO by way of management evaluation. Recalling the general requirement of staff rule 11.2(a), the Tribunal will limit its scope of judicial review to the decision not to investigate the Applicant¡¯s complaint against his FRO and SRO. The Tribunal does not have jurisdiction to consider appeals against the MEU¡¯s responses to the Applicant¡¯s request for management evaluation. Therefore, it will not adjudicate the Applicant¡¯s arguments against the MEU¡¯s responses to his request for management...

OIOS acted in accordance with the procedures set down in ST/SGB/2019/8 and ST/AI/2017/1, taking into account all relevant considerations in reaching its decision under section 5.1 of ST/AI/2017/1 to take no action on the complaint. Accordingly, there was no foundation for the substantive claim made by the Applicant, nor any foundation for any award of compensation. An investigation would not resolve the dispute between the Applicant and the SRSG, since there clearly was and remains inter-personal differences between them. Instead, it would likely deepen the divide between them. An...

The Tribunal was satisfied that the Applicant¡¯s complaint was reviewed in accordance with the applicable legal framework. The Applicant did not present a prima facie case of harassment as the claims were unsubstantiated and she did not provide adequate proof to support them. The facts did not amount to misconduct or prohibited conduct. The conduct the Applicant alleged even if true, was not harassment within the meaning of ST/SGB/2008/5. Consequently, the Administration had a legitimate basis not to proceed with an investigation into these matters. The Applicant did not proffer any evidence to...

In relation to the Applicant¡¯s first claim, the Tribunal held that pursuant to staff rule 6.2 the entitlement to sick leave does not follow a cycle calculated since the date of appointment as argued by the Applicant, but, rather, is calculated pursuant to its own cycle determined by the date of the sick leave. The Tribunal thus concluded that the method used by the administration to calculate the Applicant's sick leave days was consistent with staff rule 6.2, while the method advocated by the Applicant was not. Accordingly, the application failed on the score of sick leave. On the Applicant¡¯s...

The application was not receivable because the Applicant was contesting an MEU response, which is not an appealable administrative decision.

The Tribunal concluded that the Application was not receivable because the contested decision was made on 21 May 2020 and the Applicant requested management evaluation on 25 October 2020, based on a later decision by MONUSCO dated on 8 October 2020. The Tribunal held that the 8 October 2020 email did not reset the time line for requesting management evaluation because it was a reiteration of the 21 May 2020 decision. The Tribunal recalled that the Appeals Tribunal held that ¡°the reiteration of an administrative decision does not reset the clock with respect to the statutory timelines; rather...

The Tribunals¡¯ jurisprudence underscores that the key characteristic of an administrative decision is that it must produce adverse consequences for a staff member¡¯s employment contract or terms of appointment. Decisions that extend a contract, even on a short-term basis, are in the staff member¡¯s favour and do not adversely affect their rights. It is only after a report has been made and processed purusant to ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) that its handling may be the subject matter of a case before the Tribunal. It...

The Tribunal acknowledges that the 120-day deadline for OIOS to complete a retaliation investigation is not mandatory. However, the Tribunal is of the view that a departure from this deadline has to be just. Given the circumstances of the case, even if the 120-day deadline to complete a retaliation investigation is not mandatory, the Tribunal cannot but conclude that the delays and unjustified attempts to suspend or terminate the investigation in this case constitute an egregious violation of ST/SGB/2017/2/Rev.1. By not initiating its investigation in due course, OIOS rendered itself unable to...