51ÁÔÆæ

While Nepalese law and custom may be relevant based on the Applicant¡¯s reluctance to culturally accept this designation of half-brother as applicable to him, Nepalese law cannot be deemed the applicable law of the United Nations when referring to employment matters within the Organization. The applicable law of the United Nations is seen and accepted as is promulgated in the Staff Regulations and Rules of the United Nations. The latter applies to employment matters.

While the Applicant wanted to raise his preferred belief that the law of Nepal should apply because he is Nepalese and so is his...

As long as the Temporary Job Opening had no impact on the Applicant¡¯s chances of selection, then an irregularity could not be relied upon as a basis for the selection process to be declared unlawful.

The Tribunal agreed with the Respondent that the Applicant cannot base his argument against the selection process in JO# 136259 by questioning the process in other matters which do not affect his case.

The Tribunal held that whilst the procedure spelt out in ST/AI/2010/3 was not followed, it was unable to see how this irregularity could have had any impact on the selection process.

Considering that the Applicant opted for payment of the repatriation grant at the dependency rate, two options were open to her husband:

a.To claim a repatriation grant at the single rate for the period of service subsequent to the Applicant¡¯s separation up to the date of his separation from service; or

b.If eligible to a dependency rate, to claim that rate for the whole period of qualifying service, minus the amount of the grant paid to the Applicant.

The evidence on record shows that the Applicant¡¯s husband served three years after the Applicant¡¯s separation. For these three years of non...

The Applicant claims that the preliminary assessment of her complaint was flawed, for not taking into consideration the totality of the evidence, and that OIAI was biased and applied an illusory standard to the level of gravity involved in the alleged harassment and abuse of authority.

However, notwithstanding the number of allegations made by the Applicant, the Tribunal notes that no evidence was provided to support a finding that the contested decision is illegal, unreasonable or improper, nor that the preliminary assessment was flawed.

On the contrary, it is clear that OIAI did in fact...

The Applicant does not contest the fact that he became aware of the contested decision at the latest on 31 December 2021, when he separated from service, and that he requested management evaluation of the contested decision on 15 April 2023, more than a year after the statutory deadline.

To justify the delayed submission of his request for management evaluation, the applicant points to his medical condition. The Tribunal is however not competent to ¡°suspend or waive deadlines for management evaluation¡± (art. 8.3 of its Statute).

Accordingly, the Tribunal found that the Applicant¡¯s request...

The Tribunal is seized of an application where the staff member contests the termination of her permanent appointment and separation from service due to unsatisfactory performance. The evidence shows that the Applicant¡¯s performance was rated as either ¡°partially meets performance expectations¡± or ¡°does not meet performance expectations¡± since 2015, except for one cycle in which she ¡°fully met¡± expectations. The Applicant only rebutted one of these performance evaluations, which, however, was upheld by the rebuttal panel. Accordingly, all of these performances evaluations are binding on the...

The Applicant erred in her assessment that OIOS is not part of the Administration and that its decision does not constitute a final challengeable administrative decision. Indeed, OIOS is part of the Secretariat. It ¡°operates under the authority¡± of the Secretary-General, albeit its operational ¡°independence¡±. Accordingly, decisios made by OIOS can constitute, in fact, final administrative decision. The fact that the Applicant made two reports, namely one to OIOS and one to the Administration, did not create a duty on any other person or office to make a final decision, given that the...

It is incumbent on the Applicant to allege and to prove that her complaint was not handled following the applicable procedures and/or that there was a failure to properly assess relevant and available evidence, which led to a manifestly unreasonable decision. After a careful review of the case file and the evidence before it, the Tribunal has not identified any procedural irregularity committed by OIOS in its preliminary assessment nor any wrongdoing. Instead, the Tribunal finds that the decision to close the complaint without any further action was well?substantiated and in line with the...

The Applicant¡¯s request for management evaluation on 15 November 2021 against the ineligibility to the education grant for French nationals residing in neighbouring France and serving in Geneva was time- barred. As such, this aspect of the application is not receivable ratione materiae. Nevertheless, considering the circumstances of the case, the 22 September 2021 Administration¡¯s denial of the Applicant¡¯s 2020/2021 education grant claim constitutes a new administrative decision. As such, the 60-day deadline for requesting management evaluation of this decision started to run from 22 September...

The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01¡¯s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01¡¯s testimony, in opposition to that of the Applicant, establishing V01¡¯s credibility is an essential exercise for a proper adjudication of the case.

However, the investigation failed to adequately establish the reliability of...