51ÁÔÆæ

The Tribunal concluded that the Application was not receivable because the contested decision was made on 21 May 2020 and the Applicant requested management evaluation on 25 October 2020, based on a later decision by MONUSCO dated on 8 October 2020. The Tribunal held that the 8 October 2020 email did not reset the time line for requesting management evaluation because it was a reiteration of the 21 May 2020 decision. The Tribunal recalled that the Appeals Tribunal held that ¡°the reiteration of an administrative decision does not reset the clock with respect to the statutory timelines; rather...

The Tribunals¡¯ jurisprudence underscores that the key characteristic of an administrative decision is that it must produce adverse consequences for a staff member¡¯s employment contract or terms of appointment. Decisions that extend a contract, even on a short-term basis, are in the staff member¡¯s favour and do not adversely affect their rights. It is only after a report has been made and processed purusant to ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) that its handling may be the subject matter of a case before the Tribunal. It...

The Tribunal acknowledges that the 120-day deadline for OIOS to complete a retaliation investigation is not mandatory. However, the Tribunal is of the view that a departure from this deadline has to be just. Given the circumstances of the case, even if the 120-day deadline to complete a retaliation investigation is not mandatory, the Tribunal cannot but conclude that the delays and unjustified attempts to suspend or terminate the investigation in this case constitute an egregious violation of ST/SGB/2017/2/Rev.1. By not initiating its investigation in due course, OIOS rendered itself unable to...

The Applicant was not notified of any indebtedness to the Organization or called upon to settle it, as required by ST/AI/155/Rev.2. The initial withholding did not have the required authorization in the USG/Management¡¯s decision; rather, it was applied in an arbitrary and obscure fashion, with the Applicant learning of it only by the fact that the pension was not forthcoming. It was apparent that, starting with the irregularity of not informing the Applicant of the withholding decision for two months following his separation, the Administration had not seriously undertaken to establish either...

The application was not receivable because the Applicant did not request management evaluation.

Since there was no formal notification of the results of the selection process to the Applicant, the internal circular suffices as the notice for purposes of lodging the challenge against the process. Time started running on the date that the Applicant read the internal circular that the position had been filled, conversely that he had not been successful. The Applicant complied with staff rule 11.2(c) by timely requesting management evaluation of his case. The Applicant¡¯s refusal to participate in the interview was not voluntary. The Applicant¡¯s grievances about the selection process were not...

Having reviewed the record, the Tribunal concluded that proper procedures were followed during the selection exercise and that the Applicant received full and fair consideration for the TJO# 136259. The record showed that the Applicant was shortlisted and invited for the interview and was subsequently recommended by the hiring manager to the Head of Mission for selection. However, the hiring manager proposed another candidate for selection as the most suitable candidate because that other candidate had received a higher rating for the competencies of Planning and Organizing and Client...

The Applicant consistently admitted that the verbal and physical altercation took place and that he damaged the officer¡¯s umbrella. He only challenged the investigation process which he maintained was biased and unfair since it didn¡¯t consider the context of the interaction. He also complained that the most pertinent aspects of the case which were caught on video were never provided to him and he therefore didn¡¯t speak to them in the context of the investigation. Since the Applicant did not deny that he was involved in a verbal and physical altercation with a Kenyan police officer and that he...

The Tribunal found that V01 was a credible witness. Her testimony was taken independently, bearing in mind all the circumstances, and established the facts that sexual exploitation and abuse took place. The Tribunal found W01 a credible witness, her testimony relating to the first incident which she resolved informally with the Applicant was consistent with and corroborated V01¡¯s testimony. The Applicant did not successfully discredit this testimony. The Tribunal found that the established facts qualified as misconduct under the Staff Regulations and Rules. The Applicant engaged in sexual...

The Tribunal found that the Applicant had not established that she fit in any of the three categories enunciated in the Statute. She could not sue as a staff member because she was not, and she could not sue as a former staff member because the claim had no relation to her contractual status. The Tribunal having found that the Applicant was not the decedent¡¯s widow, she was not entitled to the benefits in any capacity. The Applicant had no standing ratione personae.