51ÁÔÆæ

It was undisputed and established by clear and convincing evidence that the Applicant engaged in several instances of outside activities. It was further undisputed that the Applicant was advised to seek authorization for her online activities. The Applicant¡¯s challenge, therefore, is limited to the characterization of the established conduct as outside activities and, consequently, as misconduct.

Whether the facts on which the disciplinary measure was based have been established by clear and convincing evidence

Based on the evidence on record, the Tribunal found that the Applicant was aware that...

Having examined the evidence on record, the Tribunal identifies the following issues for determination:

Whether the Applicant is entitled to parental leave under staff rule 6.3

The Tribunal found that the Applicant, whose child was born on 2 May 2022, was entitled to four weeks of paternity leave or eight weeks of adoption leave under the 2018 Staff Rules and ST/AI/2005/2, which he exercised. He was not, as he contends, ¡°placed in a no-man¡¯s land between two [Administrative Instructions]¡±.

The fact that the Applicant requested and was exceptionally granted additional leave after 1 January 2023 is...

The Applicant¡¯s 16 September 2023 request for management evaluation was not filed in a timely manner as it was filed after the expiry of the 60-day deadline stipulated in staff rule 11.2(c). There was, however, no issue of res judicata in the present case.

In the absence of any further information and/or evidence, DSS/SSS indeed acted within its scope of discretion under staff regulation 1.2(c) and art. 100.2 of the United Nations Charter, when deciding not to take any further action on the Applicant¡¯s request for action regarding his complaint concerning the relevant law enforcement agency.

The Trinunal found that the Applicant¡¯s contest to the decision of 19 July 2021 to place him on ALWP was time-barred as the Applicant did not request management evaluation of that decision within the stipulated deadline. The Tribunal found that the subsquent decisions to extend the Applicant¡¯s placement on ALWP were lawful.

The Tribunal found that Applicant¡¯s persistent refusal to complete the 2018/2019 e-PAS evaluations for staff members for whom the Applicant was the First Reporting Officer ("FRO") and engage with KJ constituted misconduct. The Tribunal further found that the Applicant...

The Tribunal found that the Respondent had provided no rule or precedent based contextual explanation to support his position. The Tribunal, therefore, concluded that the Respondent had not provided any rational explanation for depriving the Applicant of the entitlements to increments afforded under GS Salary Scale 120b to those similarly circumstanced. Accordingly, the Tribunal:

a. Decided to rescind the contested decision;

b. Directed that the Applicant be recognised as having been in continuous service with the United Nations Secretariat from 3 May 1994 and, effective 22 February 2022, she...

The application is DISMISSED as not receivable.

The Tribunal found that in this case, the evidence adduced by the Respondent was neither clear nor convincing. Accordingly, the Tribunal held that the Respondent had failed to show that it was highly probable that the Applicant had committed the alleged misconduct and thus had failed to meet its burden of proof. Accordingly, the Tribunal decided to:

a. Rescind the decision to separate the Applicant from service;

b. Set the amount of compensation that the Respondent may elect to pay in lieu of implementing the rescission at two years net salary with interest at the US prime rate from...

The Tribunal observed that the letter communicating the contested decision did not indicate whether the Advisory Body on Compensation Claims ("ABCC") considered the exceptional circumstances set out by the Applicant in her request to reopen her claim, which explained the reasons for her not meeting the submission deadline.

The Tribunal, thus, held that the Applicant had succeeded in establishing that the decision not to reopen her claim was irrational. The Tribunal deemed the contested decision as irrational because ABCC ignored factors relevant to whether despite not meeting the four-month...

The transitional measure under the new parental leave scheme grants an additional 10 weeks of special leave with full pay ("SLWFP") to staff members who were already on maternity leave on 1 January 2023. This measure was created to facilitate the transition from the previous parental leave scheme to the new one, and to enable equity and fairness in the treatment of staff members who became parents by giving birth.

The Tribunal found that the transitional measure was a fair, reasonable, and rational solution. Under it, all birthing parents that were still on maternity leave when the new policy...

Le Tribunal a estim¨¦ que l¡¯ABCC avait mis un temps d¨¦mesur¨¦ (pr¨¨s de cinq ans) ¨¤ traiter la demande d¡¯indemnisation de la requ¨¦rante suite au d¨¦c¨¨s de son mari.

L¡¯objectif m¨ºme de l¡¯indemnisation d¡¯un fonctionnaire pour un pr¨¦judice subi (ou de l¡¯indemnisation d¡¯un b¨¦n¨¦ficiaire pour le d¨¦c¨¨s d¡¯un proche) est d¡¯att¨¦nuer ses souffrances et de le placer dans la situation o¨´ il se serait trouv¨¦ si le pr¨¦judice n¡¯avait pas eu lieu. ? cet ¨¦gard, la question pertinente n¡¯est pas de savoir si la demande d¡¯indemnisation est accept¨¦e ou rejet¨¦e, mais si une d¨¦cision sur la question est prise en temps...