51ÁÔÆæ

The Tribunal was satisfied that the Applicant¡¯s complaint was reviewed in accordance with the applicable legal framework. The Applicant did not present a prima facie case of harassment as the claims were unsubstantiated and she did not provide adequate proof to support them. The facts did not amount to misconduct or prohibited conduct. The conduct the Applicant alleged even if true, was not harassment within the meaning of ST/SGB/2008/5. Consequently, the Administration had a legitimate basis not to proceed with an investigation into these matters. The Applicant did not proffer any evidence to...

OIOS acted in accordance with the procedures set down in ST/SGB/2019/8 and ST/AI/2017/1, taking into account all relevant considerations in reaching its decision under section 5.1 of ST/AI/2017/1 to take no action on the complaint. Accordingly, there was no foundation for the substantive claim made by the Applicant, nor any foundation for any award of compensation. An investigation would not resolve the dispute between the Applicant and the SRSG, since there clearly was and remains inter-personal differences between them. Instead, it would likely deepen the divide between them. An...

Scope of judicial review The Applicant only challenged the dismissal of his complaint against his FRO and SRO by way of management evaluation. Recalling the general requirement of staff rule 11.2(a), the Tribunal will limit its scope of judicial review to the decision not to investigate the Applicant¡¯s complaint against his FRO and SRO. The Tribunal does not have jurisdiction to consider appeals against the MEU¡¯s responses to the Applicant¡¯s request for management evaluation. Therefore, it will not adjudicate the Applicant¡¯s arguments against the MEU¡¯s responses to his request for management...

The Applicant did not appeal a final administrative decision carrying direct legal effects. The application was therefore not receivable ratione materiae. The contested decisions had no nexus with the Applicant's former employment with the Organization, the application was therefore not receivable ratione personae.

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

Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse¡¯s and his father in law¡¯s involvement with two UNICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of UNICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

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...

UNAT held that there were no errors in the decision of the UNRWA DT that the Appellant¡¯s application was irreceivable. UNAT held the Appellant was notified of the decision not to shortlist him by e-mail of 14 November 2019. UNAT held that the Appellant¡¯s allegations regarding the abolishment of his post had no legal relevance for the appeal, which dealt only with issues of receivability. UNAT dismissed the appeal and affirmed the UNRWA DT Judgment.

UNAT considered an appeal by Ms. Modey-Ebi. UNAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. UNAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

UNAT considered an appeal by the Secretary-General of the United Nations. UNAT held that Mr. Khamis¡¯ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ¡®open¡¯, relationships. UNAT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. UNAT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...