51ÁÔÆæ

In this judgment, on one hand, the Tribunal ruled in favour of the Organization and on the other, in favour of the Applicant. For the Organization - the Tribunal found that non-renewal of the Applicant¡¯s appointment was properly based on efforts by the Organization to streamline its practices in line with the funding situation it faced. For the Applicant - the Tribunal held that the Respondent¡¯s repeated renewal of the Applicant¡¯s appointment and penultimate renewal without a break-in-service with the same conditions of service gave the Applicant a legitimate expectation of renewal.

The UNDT found that the application was time-barred as the Applicant had failed to file it within 90 calendar days of receipt of the response to his request for management evaluation, as required by art. 8.1(d) of the Statute. The Applicant also failed to refer to any exceptional circumstances that would justify the delayed filing of his application and that would warrant a waiver or extension of the applicable time limits.

All the unresolved questions, the established facts and the Applicant¡¯s failure to bring evidence in order to convince the Tribunal of the alleged extortion scheme against him support an inference that the Applicant had likely engaged in a sexual relationship with V01, a minor. Given all the surrounding circumstances of the charge, investigations and his own actions and explanations, the Applicant has not sufficiently discharged the burden upon him. The wording in paragraphs 3.2 (a) and (b) of ST/SGB/2003/13 is clear. Sexual exploitation and sexual abuse constitute acts of serious misconduct...

The UNDT found that the application was not receivable as the Applicant failed to request a management evaluation of the contested decision. The UNDT found that the Applicant¡¯s communications with the Human Resources Management Section of the United Nations Office in Vienna in July 2012 did not amount to a request for management evaluation, and even if they were accepted as such a request, it would have been out of time by approximately three months.

The Tribunal found that the application was filed within the applicable time limits. The Tribunal found that in respect to decision 3, the Applicant requested management evaluation outside the prescribed time limit and therefore the Application with regard to decision 3 was not receivable. Mediation and Time-Limits: If a party to a dispute makes mediation overtures within the applicable time lines for filing an Application and the other party consents to participation in the mediation process then the time limit for filing an Application is suspended and begins to run when the mediation has...

Upon review, the Tribunal concluded that the Applicant did not commit the misconduct of providing false information in his annual leave report. The Respondent correctly established the facts for the remaining charges of the misconduct. However, the Respondent did not fully take into account all the mitigating circumstances when determining the appropriate disciplinary sanction. The Tribunal found the disciplinary measure disproportionate to the misconduct and modified it. The contested decision is rescinded. The disciplinary measure of separation from service with compensation in lieu of...

If the Applicant was labouring under the belief that pursuant to the Agreement, the Respondent was giving her a guarantee of a new post or that she would be laterally transitioned, that belief was misplaced. Nothing in the Agreement or any evidence before the Tribunal suggests that the Respondent was in a position to simply ¡°give¡± the Applicant another position within UNEP. Positions in the Organizations are not filled or presumed to be filled according to the will of managers but are subject to the Staff Rules and Regulations. The Applicant was not justified in harbouring a legitimate...

The UNDT found that the decision was in violation of an express written promise of renewal for three months by the head of her mission.

Receivability: The Tribunal held that the Applicants had standing pursuant to art. 2.1 of its Statute and found the applications receivable. Merits: Was the restructuring genuine? The Tribunal found that, although the retrenchment exercise resulted in the non-renewal of the Applicants¡¯ appointments, the motivation for it was genuine as it implemented General Assembly resolution 66/264. Was the restructuring implemented through a fair and lawful process? Consultations: The Tribunal found that the Administration did not consult the staff or staff representatives about the posts to be abolished...

The UNDT found that the Respondent¡¯s argument that no promise had been made was untenable. The evidence clearly indicated that UNOPS Managers knew the Applicant would rely on the statements they made to her in regards to a one year contract extension. The Respondent repeatedly disregarded its own rules and regulations in the course of completing the Applicant¡¯s performance appraisal and subsequently conducted a flawed rebuttal process which was biased and unfair and violated the Applicant¡¯s due process rights. Promises made created expectancy of renewal - It is untenable for the Administration...