51ÁÔÆæ

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The rejection of creating a ¡°separate case¡± for the Applicant¡¯s motion for interim relief in Case No. UNDT/NY/2016/028 was done pursuant to the instructions of Judge Greceanu. The contested decision was therefore made by Judge Greceanu and not the Registrar, whose role was merely to communicate this decision to the Applicant. Since the facts were clear from the application, a summary judgment on receivability could be issued under art. 9 of the Rules of Procedure. The Tribunal rejected the application as not receivable ratione materiae.

The present current Dispute Tribunal not competent. The Tribunal rejected the application as not receivable ratione materiae.

The Tribunal found that the Applicant did not contest an administrative decision, since the decision to close the case had no direct legal consequences for the Applicant. Administrative decision: While staff members have a duty to report possible misconduct, a decision by the Organization not to investigate the matter does not have direct legal consequences on the contractual rights of the staff member, unless the complaint made by the staff member was one of harassment under ST/SGB/2008/5.

The facts at issue and their legal characterization (physical assault) were established. However, the Tribunal found that the sanction imposed was disproportionate, considering that the mitigating circumstances applicable, notably the Applicant¡¯s mental health condition at the time of the incident giving rise to the disciplinary measure and alleged provocation before it, were not fully and properly considered. It was noted that the investigation failed to gather sufficient evidence on these aspects, which where thus not properly put before the decision-maker. Unlawfulness of a ¡°forfeit...

The Tribunal found that the Organization failed to fulfil its obligations by not making timely payments to the Applicant under art. 11.2(d) of Appendix D for the two periods concerned, and that the amounts paid to the Applicant did not compensate him for the delay in payment as they should have. The Tribunal awarded the Applicant material damages in the amount of USD29,261.86 plus CHF10,544.50, and compensation for any additional taxes due by the Applicant, upon presentation of his tax declarations to the Respondent, resulting from the receipt of a lump sum of USD72,266.46 in 2015, instead of...

The Tribunal found that the facts of the case created a situation in which a fair-minded observer would have concluded that there was a real possibility that the presence of that senior official on the interview panel would lead to a reasonable perception of bias. It was thus unreasonable for that Panel member not to, at least, have raised the matter of a perceived conflict of interest with the panel and, ultimately, not to have recused himself from sitting on it. However, since there was no evidence that the presence of the senior manager had an impact on the outcome of the selection process...

The Tribunal found that the Respondent did not comply with his obligation to make reasonable and good faith efforts under staff rules 9.6(e) and 13.1(d) to find the Applicant an alternative post. Termination of appointment: A termination of a contract of employment by reason of restructuring of the workplace is lawful provided that the Organization discharges fully its duty and obligations towards the displaced staff member in accordance with the applicable law; the latter, in the case of termination of a permanent appointment for abolition of post, is staff rules 9.6(e) and 13.1(d). Duty of...