Â鶹APP

The Applicant in this case did not requested a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.

The Applicant in this case did not requested a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.

The Applicant in this case did not request a review of the impugned decision by management evaluation, thus depriving the Tribunal of the jurisdiction to consider this matter any further.

The Tribunal found that it was not unreasonable nor unlawful to require the Applicant to work from the office for two days per week. The Administration, therefore, properly exercised its discretion in declining the Applicant¡¯s request to work from home for the entire work week. The Tribunal took note that the Applicant had been able to work remotely on a full-time basis from March 2020 to December 2022 and that there was an operational need for the Applicant to return to work. The Director reasonably, weighed this operational fact against allowing the Applicant to telecommute for the entire...

The Tribunal made the following observations: (a) staff rule 8.1(d) governs staff relations and specifically empowers polling officers to conduct elections of staff representatives based on applicable rules and regulations on staff elections, (b) staff rule 8.1(d) makes no reference whatsoever to any staff member¡¯s individual contractual right, and (c) if there was any dispute concerning staff rule 8.1(d) on secrecy and fairness of the vote, the provision does not regulate modalities for resolving that dispute.

Staff rule 8.1(d) and staff regulation 8.1(b) do not apply to any individual staff...

The record demonstrated that the Applicant refused to complete her supervisees¡¯ performance evaluation and delayed the contract extension process. The Applicant refused to perform key managerial functions.

While it may be true that she was not given an opportunity to explain her actions, the remedies under section 10.1 ST/AI/2010/5 are only aimed at rectifying performance short comings and are not punitive. It was therefore not necessary to conduct some form of investigation in which a staff member would be required to explain her actions.

While the Applicant had a duty and a right to...

While, arguably, changing the title of a position may carry the same effect as abolishing it, the two actions are not synonymous under the UNHCR legal framework. Since ¡°discontinuance/abolition of post¡± and ¡°change of position title¡± are separately provided for under the UNHCR New Resource Allocation Framework (UNHCR/AI/2019/7/Rev.1), it follows that they are independent of each other. Indeed, the above provision has explanatory language indicating that ¡°discontinuance of a post¡± is ¡°same as abolition of a post defined in the Staff Regulations and Rules of the Â鶹APP¡±. No such...

On whether the facts were established by clear and convincing evidence, the Tribunal found that the Applicant engaged in acts affecting two staff members, namely V01 and V02. The Tribunal thus held that the facts on which the sanction was based were clearly established.

Regarding misconduct, the Tribunal concluded that the Applicant¡¯s conduct towards V01 and V02 was (i) unwelcome, (ii) of a sexual nature, and (iii) they might reasonably be expected or be perceived to cause offence or humiliation. Further, his conduct interfered with their work and/or created for them an intimidating, hostile...

In this case, the facts were established and there was clear and convincing evidence that the Applicant committed fraud on purpose.

The Applicant¡¯s conduct amounted to a breach of his basic obligations under staff regulations 1.2(b) and (g), staff rule 1.2(i), and the Strategic Framework for the Prevention of Fraud and Corruption.

The evidence is clear and convincing that the Applicant acted with knowledge and intent to mislead (and even with a possible personal economic interest).

Given the nature and gravity of the Applicant¡¯s misconduct, the sanction is not absurd, unreasonable, or...