51ÁÔÆæ

The Tribunal recalled that under art. 2.1(a) of its Statute, it is competent to hear and pass judgment on an appeal from ¡°an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment¡±. The Appeals Tribunal explained that this provision establishes a ¡°jurisdictional precondition of an immediate, direct, and adverse impact¡± of the challenged administrative decision upon the staff member.

Having examined the record, the Tribunal concluded that, in this case, there was no showing of such adverse impact on the Applicant. Accordingly...

Under the definition of fraud, the Tribunal observed that the question of the Applicant¡¯s own benefit is not a required element to establish a finding of fraud. Rather, if found that by a misrepresentation, she intentionally deceived the 2017 and 2018 Staff Days and this actually or potentially caused prejudice to the 2017 and 2018 Staff Days, this is adequate.

The Tribunal found that, in the given circumstances, the Administration acted within the scope of its authority when finding that the Applicant had committed fraud. Accordingly, as per Asghar: (a) the Applicant misrepresented the...

The Tribunal found that, in the present case, there is no dispute that the decision was unilaterally made by the administration and that it involved the exercise of a power or the performance of a statutory instrument. The dispute is on whether the decision adversely affected the rights of the Applicant and produced direct legal consequences.

The Tribunal found that the Applicant¡¯s argument that ¡°UNOPS not only decided to charge [him], but also to maintain him in an indefinite status of ¡°charged person,¡± leaving him indeterminately prosecuted; since as¡ªat the time of the Application¡ªhe had...

The Tribunal was unpersuaded by the Applicant¡¯s claim that his participation in the Staff Day activities was ¡°essentially private conduct not involving [United Nations] resources¡± or that this was ¡°essentially a voluntary, social event¡±. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely ¡°generic obligations¡± but are specifically intended to apply ¡°in all matters affecting [a staff member¡¯s] work and status¡±. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

The Tribunal observed that the facts of this case were very clear from the testimony and record. The Applicant admitted that the hotel receipts he provided to the Organization were false. The Tribunal, thus, held that the Respondent had proven by overwhelming evidence, beyond all possible doubt, that the Applicant submitted false receipts for reimbursement and that, as a result, he was paid USD18,519.12. The Tribunal, further, established that there was clear and convincing evidence that the Applicant owed the Organization at least USD17,213.

Regarding misconduct, the Tribunal concluded that...

On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...

Under ¡°Preliminary Issues¡±, the Tribunal decided to strike from the record the Applicant¡¯s motion for anonymity and to exceptionally accept the Applicant¡¯s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

The decision to have the Applicant consent to an Independent Medical Evaluation ("IME") was reasonably taken in the interest of the Organization.

The Tribunal held that there was no unlawful behavior by UNHCR in following and implementing the recommendations arising from the IME. The decision was rational, procedurally correct and appropriate.

The Applicant having failed to establish any illegality, procedural irregularity, bad faith or improper motivation in the Respondent¡¯s taking of the decision not to accept her request to withdraw her resignation, the application had to fail.

Had the Respondent not exercised his discretion to reject the Applicant¡¯s request to withdraw her resignation, he would have been compelled to rescind selection decisions already communicated and accepted by three other staff members. This would have constituted a breach of the employment contracts of the three staff members. This breach would have...

There is no evidence that the facts that were taken into consideration to substantiate the investigator¡¯s finding of ¡°prior conduct¡± were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant¡¯s persistency...