022 (NBI/2025), Cynthia Cline
- Appealed
The Tribunal recalls that in his pending application, the Applicant contests the 1 December 2023 decision to place him on ALWOP. The Tribunal assessed the lawfulness of this decision in its consideration of the Applicant’s 24 January 2024 application for suspension of action. The Tribunal found that the contested decision was not prima facie unlawful. The Applicant argues that the decision-maker failed to consider all the evidence before him when deciding to extend his placement on ALWOP. This, however, could be relevant, at best, in an examination of the 20 August 2024 decision extending the...
The Applicant's motion for interim measure is made in the context of a series of applications arising from decisions taken because of allegations of misconduct against the Applicant, which involved sexual harassment and sexual abuse. Such misconduct is recognized in the regulatory framework as of such gravity that it provides an exceptional basis for placing a staff member on ALWOP pending the conclusion of the investigation. The Applicant contends that, based on new information available, there is no longer any basis for a finding that there is a preponderance of evidence that he engaged in...
The UNAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the UNAT to reject it. The UNAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The UNAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.
The UNAT was of the view that the request for execution relied on the staff member’s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The UNAT further noted that the Judgment had...