Â鶹APP

Receivability: the Applicant could not separately challenge the decisions to abolish his post and to create a new one. This does not mean that the Applicant, while contesting his separation from service, cannot raise arguments touching upon prefatory steps taken in the process leading to such decision and which contributed to it. The need for the Tribunal to go beyond the examination of the decision not to renew the Applicant¡¯s contract is particularly acute in the present case, where the decision to abolish the Applicant¡¯s ARR(O) post and to create a new one cannot be dissociated from the...

Establishment of the facts which form the basis of disciplinary measures The Tribunal emphasized that the establishment of the facts was not contested by the Applicant. The Applicant admitted to having taken, on four occasions and without authorisation, a total of four beehives that belonged to UNOG and brought them back to his home, between October 2015 and February 4 2016. He also admitted to having them repainted, for having removed their nameplates and for wanting to install them in his garden. Do the established facts constitute a fault? The Tribunal was of the opinion that the removal of...

Functus Officio: A final decision cannot be reopened, and once the duties and functions of an office are fully discharged, there is no legal competence for reconsideration of the decision by that office. The Dispute Tribunal ceased to have any jurisdiction over the Applicant¡¯s case once the initial judgment was rendered and without the case being remanded by the Appeals Tribunal, the Dispute Tribunal cannot examine the application any further.

Functus Officio: A final decision cannot be reopened, and once the duties and functions of an office are fully discharged, there is no legal competence for reconsideration of the decision by that office. The Dispute Tribunal ceased to have any jurisdiction over the Applicant¡¯s case once the initial judgment was rendered and without the case being remanded by the Appeals Tribunal, the Dispute Tribunal cannot examine the application any further.

Res judicata: Res judicata signifies that the same course of action cannot be adjudicated twice. For the stability of the judicial process, it is desirable that there is an end to litigation. Accordingly, the party who loses cannot relitigate his or her case. Remand: The fact that analogous cases of 14 fellow colleagues from UNDP based in India were remanded by the Appeals Tribunal to the Dispute Tribunal, further to their respective appeals, has no bearing with respect to the fact that the Dispute Tribunal¡¯s judgment became final and non-appealable for those, such as the Applicants, who did...

Discretion of investigators: Duly authorised investigators have a discretion to determine the information that they deem relevant to gather and probe further. However, such discretion is not unfettered. Investigations must be conducted in a fair, balanced and impartial manner.

Admissibility and value of evidence: Circumstantial evidence, as well as hearsay, are admissible in the Organization¡¯s internal justice system. However, their probative value is more limited than that of direct evidence. Mere statements of witnesses holding that the Applicant had engaged in other instances in behavior...

The Tribunal found that the Applicant¡¯s separation was lawful. Insofar as the determination that the Applicant was fit to work on the date of his separation from service had been made through the statutory mechanisms specially designed to settle sick leave related matters, and in conformity with the established procedures, the Organization was not bound, under sec. 4.9 of ST/AI/2013/1, to further extend his contract, regardless of whether he still had a balance of sick leave days. The Tribunal also held that, while there was an excessive delay in notifying the Applicant of his separation, he...

Due process rights: Disciplinary proceedings are of an administrative and not of a criminal nature, hence criminal law procedures do not apply. The Applicant¡¯s due process rights are contained in the relevant administrative issuances, under which rights such as the right to counsel and to be informed about the charges against him do only apply as of the moment the disciplinary procedure is initiated (charge letter), but not at the stage of the preliminary investigation. The right to cross examine witnesses does not apply at any stage of the administrative procedure, but only once the case is...

Request for execution of orders on suspension of action: The Tribunal does not have jurisdiction to enforce the execution of an order for suspension of action under art. 12 of its Statute and art. 32.2 of its Rules of Procedure. The Tribunal is not authorised either to circumvent these explicit provisions by using its power under art. 36.1 of its Rules of Procedure to extend its competence beyond the limits defined by the General Assembly in the Tribunal¡¯s Statute.

Termination for misconduct vs. termination for facts anterior: Termination on the basis of staff regulation 9.3(a)(v) and staff rule 9.6(c)(v) is not to be confused with a measure involving separation as a result of disciplinary proceedings, including in cases where the facts in question could have constituted misconduct. Neither the procedure, nor the standard of proof is to be transposed from one to the other. Regarding in particular the standard of proof applicable to ¡°facts anterior¡±, in the absence of a clear applicable legal norm or ruling of the Appeals Tribunal, it may not be assumed...