51ÁÔÆæ

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 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 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 application was not receivable because the Applicant was contesting an MEU response, which is not an appealable administrative decision.

Regardless of how the Applicant may intend to define the contested decision, it is clear from the application and its supporting documents, as well as from the request for management evaluation, that the events in dispute date back to March and April 2019. The Applicant therefore missed the 60-day deadline to request management evaluation of the contested decision. The application not receivable ratione materiae.

The Applicant was terminated without being given the statutory three months¡¯ notice. Without that notice, the regulatory framework provides that compensation in lieu of the three months¡¯ notice had to be paid. For reasons similar to those stated in Ahmed, the grant of SLWFP to the Applicant for part of the period neither supplants nor equates to the Respondent¡¯s obligation to have given the Applicant his due notice on 10 September 2010. The Staff Regulation and Rules requires the staff member to either be given notice or payment in lieu of that notice. The Applicant in this case received...

There was no express indication that the Judgment of the 11th Judicial Circuit Court was executable upon issuance, neither was the issue investigated by the administration in the proceedings leading to the impugned decision. Rather, pertinent documents focus on the finality, apparently presumed from the title ¡®Final judgment of dissolution of marriage¡¯. The title should not have been relied upon. The contested decision was not based on a court order whose enforceability was unequivocal. The Tribunal did not find any indication of the judgment by the Third District Court of Appeal of the State...

The circumstances of the Applicant's severe illness, travel difficulties and the security issues in Sudan were all worthy considerations duly taken into account by the Organization during efforts made to accommodate the Applicant and achieve partial resolution as aforementioned. On receipt of the Applicant¡¯s management evaluation request, it was also within the discretion of the Respondent based on staff rule 11.2(c) to extend the 60- day deadline. That discretion, however, does not extend to the Tribunal. The Tribunal has no jurisdiction to waive the management evaluation request deadlines...

Management evaluation not requested within the statutory deadline. Application not receivable ratione materiae.

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...