Â鶹APP

The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.

In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by UNHCR on allegations of corruption in refugee processing in the Nairobi office of UNHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...

Summary Judgment The Tribunal noted that Summary Judgment can only be entered in a case where the material facts are not in dispute and a party to case is entitled to judgment as a matter of law. Further that for a party to seek Summary Judgment, it has to be on the merits of the case and such a party should have pleaded facts in relation to the case. The Respondent had not pleaded any material facts and had also not joined issues with the Applicant on the merits of the case. Receivability In determining the receivability of the Application, the Tribunal addressed the Applicant¡¯s access to...

A respondent who neglects to take part in the proceedings by not filing a reply within 30 days of receipt of the application may be readmitted by leave of the Tribunal only. The respondent in such a case is solely and effectively excluded by his own negligence to file a reply in time. He is not excluded by the Tribunal but by the operation of law. By his preposterous claim that the Registrar and the Judge owed him a duty to remind him of his obligations to his client, the Respondent¡¯s Counsel, sought, in the Tribunal¡¯s view, to provide an excuse for his own incompetence and lack of diligence...

Allegations of domestic violence and conflicts over child custody, maintenance or paternity are properly matters for a criminal court and family court to entertain. The Organization has no business using its administrative procedures to involve itself in a personal dispute when other appropriate legal channels were available to the parties to sort out their rights and responsibilities. The unilateral extension of the Applicant¡¯s temporary assignment to Addis Ababa beyond the agreed one month amounted to bias, abuse of authority and a breach of the Applicant¡¯s due process rights.The Applicant...

A judgment in which it is decided that the summary dismissal of the Applicant was wrongful calls for a rescission of the said sanction. The Applicant had a reasonable expectation that he would remain in service beyond the date of his wrongful summary dismissal. The Tribunal refuses the request that the Applicant ought to be compensated on a P5 scale and agrees with the Respondent¡¯s argument that such an award would be merely speculative. A summary dismissal is the most severe sanction that the Respondent may impose on a staff member for serious misconduct. Judicial notice is taken of the fact...

The decision to terminate the Applicant¡¯s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness.The Secretary-General¡¯s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract.The termination of the Applicant¡¯s appointment as a result of...

The decision to terminate the Applicant¡¯s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness. The Secretary-General¡¯s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract. The termination of the Applicant¡¯s appointment as a result of...

The Respondent appeared to have a good reason for cancelling the Applicant¡¯s leave. That having been said, however, the manner in which the Applicant was informed of that decision could have been done in a much better way. Considering the fact that the Applicant¡¯s supervisor had only three days earlier, on 9 August 2011, approved his leave, his one-line directive cancelling the Applicant¡¯s leave was not only callous and dismissive but most insensitive. This managerial shortcoming does not, by itself, render the decision prima facie unlawful.Although some harm is caused to the Applicant in...

The Tribunal found: that the Applicant had established a case of prima facie unlawfulness; that the element of urgency was met and the harm suffered to the; Applicant¡¯s reputation and career prospects if the decision was implemented could not be adequately compensated by monetary damages.

Under art. 16(3) of the ICTR Statute, the Registrar of the ICTR is an Assistant Secretary-General. In his position as head of administration, he has the authority to make decisions on behalf of the Secretary-General in relation to the administration and operations of the ICTR. It was the Tribunal¡¯s finding that the Applicant had addressed his request for an administrative review to the ICTR Registrar, who was the person with the power to either review it on behalf of the Secretary-General or to forward it to the appropriate officer, within the applicable time limits. The Applicant had in...

Article 2 first confers the Tribunal with the jurisdiction to determine, in any application filed by an individual before it, whether the contested decision is an ¡°administrative decision¡± and whether it was made in compliance with or contrary to an individual¡¯s terms of appointment or contract of employment. In other words, it is for the Tribunal to determine, inter alia, in any given case, whether a contested decision qualifies as an ¡°administrative decision¡± or not. As a matter of law and practice, a ¡°friend-of-court¡± brief is a legal position on the issues for determination before the...

The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

The current Application for suspension of action must be adjudicated against the stipulated cumulative test, in that the Applicant must establish that the impugned decision is prima facie unlawful, calls for urgent adjudication and that implementation of the impugned decision would cause him irreparable harm. The Tribunal finds no impropriety in the Respondent¡¯s application of the staff retention criteria in respect of the Applicant. This Application therefore fails on the limb of prima facie unlawfulness therefore. Having found that the impugned decision is not unlawful, and given that the...

There was no evidence that established that the work place had become intimidating, hostile or offensive for the Complainant. The charge of sexual harassment cannot be sustained in the circumstances to the extent that the Complainant was a willing participant in sex talks in emails, via telephone, via text messages and in person. While it is recognised that a rebuttable presumption of law or fact may exist where a certain set of facts are present, there is definitely no room for making a legal finding based on presumptions about what would likely be the case in a given situation. It is a trite...

The Applicant made good faith efforts to comply with his financial disclosure obligations for 2005. The Secretary-General failed to take into account the various mitigating factors in favour of the Applicant when determining the sanction against him. The disciplinary sanction imposed on the Applicant was far more excessive than was necessary for obtaining the desired purposes of the financial disclosure program. The appropriate disciplinary measure in the present case should be a reprimand.

The initial fact-finding investigation was fundamentally flawed, unreliable and a sham. The failure to conduct a proper investigation but to resort to arm-chair analysis and conclusions based on the unreliable initial fact-finding investigation was not only useless but constituted a violation of the provisions of ST/Al/371 and the Applicant's due process rights. The Preliminary Investigation Report is characterized by a lack of direct evidence from the alleged victims and a heavy reliance on second hand evidence made by third party witnesses. The IGO/Investigation Unit failed to establish...

Applicants have a duty to pursue their causes of action promptly. Delay can cause considerable uncertainty and inconvenience not only for the Respondent but for third parties as well. The Applicant¡¯s fears of retaliation due to the non-existence of administrative machinery to protect him at the material times are not justified. This Application is not receivable as it was filed more than the three years stipulated under Article 8(4) of the Statute of the Dispute Tribunal after the Applicant¡¯s receipt of the contested administrative decision. In addition, the facts in this case would not have...

The impugned decision is grossly, patently, incurably and incontrovertibly unlawful. An order suspending the administrative decision pending management evaluation is bound to work injustice in the circumstances.The Application that gave rise to the proceedings and deliberations in this case clearly was brought under a wrong heading when it was filed as a suspension of action application. The Tribunal, in the present circumstances, must in the interest of justice move this matter to the cause list of applications on the merit and accordingly dispose of it fully and on the merits.Article 36 of...