51ÁÔÆæ

The Applicant timely requested management evaluation of the contested decision and has met the procedural requirements to have this Tribunal adjudicate her case. The application is therefore receivable ratione materiae. The Tribunal considered that from provisions in ST/AI/2010/5 and ST/AI/2010/4, derives a general principle to complete performance evaluations before separation applicable also to staff members holding a fixed-term appointment. The Tribunal found that the Organization had to make a balancing exercise of the Applicant¡¯s different performance results and could not simply act as...

The Tribunal rejects the application as not receivable. The Applicant¡¯s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.

The facts on which the disciplinary measure was based were established because the Applicant rendered himself publicly drunk over several hours, embroiled in a bar fight, was twice detained by the local police, went out to a bar after curfew drove a UN vehicle while he was legally drunk based on MINUSCA¡¯s zero tolerance policy refused to stop and exit the UN vehicle when signaled by MINUSCA Security Officers, including his superior drove in a dangerous manner. The established facts legally amounted to misconduct because the Applicant¡¯s actions, which included public drunkness, becoming...

The Tribunal found that the Applicant identified the contested decision as ¡°misconduct allegations¡± made against her. It was clear that the Administration was yet to take a decision whether or not to discipline her. Allegations of misconduct are only a prefatory act, from which no direct consequences stem for the terms of the Applicant¡¯s employment. Accordingly, the application was found not receivable for want of a reviewable administrative decision and it was dismissed.

The Tribunal held that the facts arose from the Applicant¡¯s former employment relationship with UNHCR. Accordingly, the Tribunal found the application to be receivable.

On the first issue of placing of the note on the Applicant¡¯s personnel file, the Tribunal found that the Applicant did not dispute that the Respondent complied with ST/AI/292 which governs placement of adverse materials on personnel files. The Applicant conceded that the Respondent acted within the law. The Applicant also provided his comments on the note. On that basis, the application on the first issue was found not receivable as it did not disclose any administrative decision that had any direct legal consequences on the Applicant¡¯s contract or terms of his employment. On the second issue...

The record provided to Central Review Panel (CRB) was incomplete. The Tribunal therefore finds that the Respondent has failed to demonstrate with a minimal showing that the Applicant¡¯s job candidature was properly assessed by a CRB. The Respondent has failed to demonstrate with a minimal showing that the Applicant received a timely notification of her application being unsuccessful. The general principle provides that the responses to a written test should be graded on an anonymous basis to give full and fair consideration to the job candidatures. Copying members of an assessment panel into an...

The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant¡¯s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...

In light of the Respondent¡¯s acceptance of the findings of the UN Ethics Office that the Applicant¡¯s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal¡¯s review was limited to the issue of compensation. The Tribunal rejected the Applicant¡¯s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...

The Tribunal found that there was clear and convincing evidence that on the morning of 9 February 2015, at his office, the Applicant commited misconduct. The established facts legally amounted to misconduct, in violation of the norms consistently upheld by the Organization since at minimum 1992, where sexual harassment was described as unacceptable behaviour for the staff of the United Nations, and reiterated through, among other, outlawing, in 2003, sexual exploitation and abuse as serious misconduct warranting a summary dismissal, and through a detailed anti-harassment and abuse of authority...