51ÁÔÆæ

In the present case, the Applicant has not identified a reviewable administrative decision and there is no indication that he filed a request for management evaluation before submitting the application.

There is indeed uncertainty and possibly also disagreement regarding various material facts of the case. Accordingly, the case may not be adjudicated on the basis of a summary judgment.

The part of the present case concerning IOM is not receivable under the legal doctrine of lis pendens.

With regard to the HLIS decision, the Applicant refers to his request for management evaluation of 4 November 2022. As the application in the present case is filed after this date, this part of the application is therefore, from this perspective, now receivable under staff rule 11.2

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...

The United Nations Secretary-General in not the Chief Administrative Officer of IOM, and IOM has not concluded a special agreement with the Secretary-General accepting the Dispute Tribunal¡¯s jurisdiction. Instead, IOM falls under the jurisdiction of the Administrative Tribunal of the International Labour Organization.

As the Applicant¡¯s request for management evaluation was not filed before submitting the application to the Dispute Tribunal in the present case, the Tribunal does not have the necessary subject-matter jurisdiction under staff rule 11.2. The challenge against the decision of...

The context of the case in °¿¡¯µþ°ù¾±±ð²Ô is not similar. Essentially, in °¿¡¯µþ°ù¾±±ð²Ô, the applicant was the subject of an investigation, whereas in the present case, the Applicant was the complainant. Accordingly, In °¿¡¯µþ°ù¾±±ð²Ô, the applicant opposed a disciplinary investigation launched against himself based on a misconduct complaint made by others, and he then contested a decision to reject his request for an independent review of the investigation. The Appeals Tribunal, however, dismissed the applicant¡¯s challenge because the decision-maker eventually held in his favour as, contrary to the preliminary...

The right of the Applicant to a correct level of classification of the post and a fair level of pay derives from the effective functions performed in the years, always the same at least from 2018, functions which - according to the acknowledgement of the Administration itself - correspond to the FS-5 level.

The Applicant is entitled to a compensation calculated as the difference in salary, allowances, and other entitlements between the FS-5 level and the FS-4 level, for the period November 2018 to September 2022, plus interest at the rate correspondent to the rate of inflation, including the...

The Applicant was charged with two different counts of accusations:

a. for having, on 21 May 2020, while in a United Nations vehicle clearly visible from a public street in Tel Aviv, Israel, held a female individual closely to his body while she was seated on his lap facing him and gyrating in a sexually suggestive manner; these events were captured in an 18-second video-clip, which was widely disseminated, bringing the Organization into disrepute (count one);

b. for failure to cooperate with the OIOS investigations by refusing to provide OIOS with the contact details of a material witness...

The Applicant was charged with two different counts of accusations:

a. Permitting a female individual (¡°F01¡±), who was not a United Nations personnel and who did not receive prior authorization for United Nations transport, to be transported in the vehicle, enabling the behaviour of Mr. Antoine, the rear passenger of the United Nations vehicle, who held F01 closely to his body while she was seated on top of him and gyrating in a sexually suggestive manner, while Mr. Antoine held F01 with his hand on her buttock and while he pulled her genital area closer to his crotch. These events...

Decisions of UNSPC fall under the jurisdiction of the United Nations Appeals Tribunal under art. 2.9 of its Statute. Accordingly, the Dispute Tribunal has no jurisdiction to undertake a judicial review of the contested decision.

The Tribunal found that it was not unreasonable nor unlawful to require the Applicant to work from the office for two days per week. The Administration, therefore, properly exercised its discretion in declining the Applicant¡¯s request to work from home for the entire work week. The Tribunal took note that the Applicant had been able to work remotely on a full-time basis from March 2020 to December 2022 and that there was an operational need for the Applicant to return to work. The Director reasonably, weighed this operational fact against allowing the Applicant to telecommute for the entire...