51ÁÔÆæ

Receivability The Tribunal found that the second communication from the ABCC, not the first communication, constituted the notification of the contested decision since it clearly indicated that the ABCC reviewed the Applicant¡¯s additional requests and rejected them. The Tribunal found that subsequent communications between the ABCC and the Applicant did not reset the statutory deadline as they were the reiteration of the contested decision. The application was timely filed and receivable. The claim of negligence was already adjudicated in the earlier judgment and therefore is not receivable as...

The Applicant¡¯s claims of ulterior motive are unsubstantiated. The preferential consideration of female candidates only applies when women are under-represented according to sec. 3(c) of the memorandum from the Secretary-General of 11 February 2019 on the implementation of ST/AI/1999/9 (Special measures for the achievement of gender equality). The evidence shows, however, that women are not under-represented in the relevant unit. Therefore, the Applicant was not entitled to preferential consideration due to her gender. The Administration has shown that the applicable procedure was followed...

The Tribunal found that there was clear and convincing evidence that between 7 and 10 December 2016, at his residence, the Applicant had sexual intercourse with one Congolese woman, V0. By his own admission during the investigation, the Applicant procured sexual services of V0 whom he had picked up from a bar where he had been drinking and paid her FC40,000 through an intermediary, Francois. The Tribunal held that based on strict interpretation of the applicable legal provisions, in particular, staff rule 1.2(e), it did not make any difference that money was requested and paid after the sexual...

The Applicant had a contractual right to be recruited as the Respondent provided no reason whatsoever for not doing so after having issued an offer of appointment.

The Tribunal found that because separation was not the sanction imposed on the Applicant, the applicable standard of proof was one on a preponderance of evidence. This standard was lower than clear and convincing evidence which the Respondent had to prove to show that the Applicant committed misconduct as alleged. It was evident from the facts that the Applicant and at least one other person led a group to the Complainant¡¯s house. The Applicant played an active role in the alleged harassment. This fact was proved to the requisite standard. The Tribunal found that a group of at least five local...

The application was not receivable because the Applicant did not derive negative consequences from the putative error in the EOD date.

The Applicant failed to abide by several orders and did not respond to attempts from the Registry to contact him. Ther Tribunal, therefore, can only conclude that the Applicant is no longer interested in the pursuit and outcome of these legal proceedings, which must therefore be deemed to have been abandoned, and this matter therefore stands to be dismissed for want of prosecution.

The Tribunal noted that, on 12 January 2018, the Deputy Director of the UNOPS People and Change Group, in a telephone call, informed unequivocally the Applicant of the contested decision. The Applicant claimed that he was only officially made aware of his non-selection for the post when a formal announcement was made on 1 March 2018, which stated that another candidate had been chosen for the position. The Tribunal found that this claim was ill-founded, as a verbal unequivocal communication is sufficient for the purpose of staff rule 11.2(c) (see Auda 2017-UNAT-746). The Tribunal considered...

The Tribunal found that the application was not receivable. It resulted from the file that, on 24 November 2017, the Applicant received a letter indicating that she had not been matched against any post in the newly planned structure of the Water Supply and Sanitation Collaborative Council (WSSCC). This letter clearly stated that ¡°all posts in the current WSSCC structure [were] being abolished with effect [close of business] 31 March 2018¡±, that her appointment would not be renewed when it expires on 31 March 2018 and she would be separated from service. The Tribunal considered that the...

The Respondent has minimally shown that the Applicant received a full and fair consideration. The Applicant was lawfully not selected for the Post, as her test result was below the passing score. The requirements the written test directly related to the responsibilities of the contested position. There was no indication of any alterations or discrepancies with the marking methodology. The Organization does not have a promotion system where managers are obligated to develop and train supervisees for promotion opportunities and assist them in career growth and, therefore, job applicants have no...