011 (NBI/2025), Cynthia Cline
- Appealed
The Tribunal held:
a. Some of the contested decisions were manifestly irreceivable as already determined by the Tribunal in Likukela Order No. 161 (NBI/2024) and Likukela UNDT/2025/006. These matters would not be considered again by the Tribunal in accordance with the doctrine of res judicata.
b. The claims regarding the alleged theft of the Applicant's wages, lack of a legal basis for recovery of her final pay and illegally withholding her final pay were not receivable ratione materiae for failure to file a timely request for management evaluation.
c. The claim alleging prevention of the payment...
The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.
The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.
Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...
1. The Tribunal noted that, in his reply, the Respondent informed the Tribunal that he had voluntarily decided to extend the Applicant’s appointment through 30 June 2025. As an annex to the reply, the Respondent provided a copy of the Applicant’s Personnel Action, indicating that his appointment had been extended to 30 June 2025.
2. The Tribunal thus held that, in light of the above, the Applicant’s request for suspension of the implementation of the contested administrative decision had become moot. The Tribunal, therefore, did not find it necessary to examine whether...
The Tribunal noted the Applicant’s persistence in raising previously rejected arguments.While no costs were awarded, the Tribunal warned the Applicant and his counsel against vexatious litigation, referencing similar cases and jurisprudence. The application was dismissed in its entirety as not receivable.
The Tribunal observed that unlike the Applicant’s First Reporting Officer’s (“FRO”) comments which were entirely consistent with the ePAS rating of “Successfully Meets Expectations”, the comments of the Applicant’s Second Reporting Officer (“SRO”) seriously undercut and detract from the overall appraisal rating." The Tribunal further noted that after the initial sentence recognizing that the Applicant “consistently performed her tasks and duties effectively” and commending her “ambition and dedication in her role, the SRO added seven sentences which were completely negative about the...
The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.
The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.
Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...
The Tribunal noted that the issue of contention was whether a staff member seconded to the Secretariat, from a fund or programme in the 麻豆APP System, is “serving with the 麻豆APP Secretariat under a fixed-term appointment” for purposes of eligibility for a continuing appointment. At the time of the contested decision, the Applicant was a staff member of UNICEF (a Programme) but serving on secondment in UNEP (part of the Secretariat).
Based on the evidence on record, the Tribunal concluded that it was clear that under the Inter-Organization Agreement and the letters of...