51ÁÔÆæ

Whether the Applicant had a right of return A Human Resources Factsheet, issued for Umoja users, provides that at the end of a loan period, the staff member concerned is expected to return to the Secretariat unless he/she resigns his/her Secretariat position to transfer to the receiving organization. Such practice has been clearly confirmed by the Appeals Tribunal in Iskandar (see Iskandar 2012-UNAT-248). Accordingly, while the Applicant¡¯s lien on his former post may have been surrendered in accordance with the Administration¡¯s decision of 9 September 2009, he retained a return right to OCHA...

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant¡¯s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant¡¯s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

The contested decision impacted the Applicant¡¯s terms of appointment or contract of employment. It had a negative impact on the Applicant¡¯s legal situation vis-¨¤-vis his employer and on his ability to properly plan his professional life. It also altered the reason for the Applicant¡¯s separation from service from termination of contract due to abolishment of post to non-renewal. Consequently, the application is receivable ratione materiae.

There is no evidence confirming the alleged operational needs justifying the contested decision to keep the Applicant beyond 31 May 2021. There is enough...

On anonymization Article 11.6 of the Tribunal¡¯s Statute provides in its relevant part that its judgments shall be published while protecting personal data. A similar provision is contained in art. 26.2 of the Tribunal¡¯s Rules of Procedure. Given that the present case relies on medical evidence to support a claim for moral harm, the Tribunal finds that it is reasonable to redact the Applicant¡¯s name from this judgment. On the merits Based on the evidence on record, the Tribunal concluded the following. First, the Tribunal found that the two charges against the Applicant were established as per...

Procedural issue: anonymity In the present case, the sensitive information regarding the Applicant¡¯s medical history and his mental health status constitutes exceptional circumstances that warrant granting anonymity. Therefore, the Applicant¡¯s name is anonymized in the present judgment. Scope of judicial review It is within the Tribunal¡¯s competence to hold a hearing or look at facts that were allegedly not before the decision-maker to determine whether relevant factors have been ignored. This is fundamentally different from a de novo investigation into the facts underlying the disciplinary...

The underlying reason behind the Applicant¡¯s FTA not being renewed was the fact that he could not obtain a visa to join his duty station. In the case at hand, the Applicant was not able to demonstrate that the decision not to renew his FTA beyond its expiration date was illegal, arbitrary or tainted by ulterior motives. As per the legal framework, an FTA does not carry any expectancy, legal or otherwise, of renewal, and shall expire automatically and without prior notice on the expiration date specified in the letter of appointment. In addition, obtaining a visa was, indeed, a condition sine...

The Applicant contests his non-selection and being found not suitable for the position advertised under JO 18186. He identified as the contested decision the Management Evaluation Unit's response dated 24 March 2021. However, a management evaluation response is not a judicially reviewable administrative decision. Accordingly, the application is not receivable ratione materiae. The above notwithstanding, the Tribunal recalls that it falls under its competence ¡°to individualize and define the administrative decision impugned by a party and identify what is in fact being contested and so, subject...

The Tribunal reviewed the application and found it not receivable. The Applicant indicated in his application that while he was initially offered a separation indemnity of 12 months¡¯ net base salary, this amount was later reduced to three months¡¯ net base salary in a separation agreement dated 16 March 2021. According to the information on record, the Chief Human Resources Office, Pakistan Country Office, verbally informed the Applicant of the contested decision on 11 March 2021. Therefore, as per staff rule 11.2 (c), the Applicant had until 10 May 2021 to request management evaluation. Even...

There is no evidence of collusion or bias against the Applicant. On the contrary, several congruent testimonies corroborated the complainants¡¯ statements and confirmed the allegations of bullying and harassment against the Applicant. The Applicant failed to substantiate his arguments against the complaint and the complainants. The facts are established by a preponderance of evidence and constitute misconduct.
Bearing in mind the nature of the facts attributed to the Applicant, it is not unreasonable that he be obliged to attend mandatory training to improve his managerial and communication¡¯s...

Scope of judicial review In a remanded case, such as the instant one, the Applicant may not expand the scope of claims for remedies contained in her original application and, as such, the Tribunal will not consider her new claims or arguments unless they are essentially related to her original claim in the application. Whether and to what extent the Applicant is entitled to remedies The Appeals Tribunal found in Banaj 2022-UNAT-1202 (see para. 1) that the temporary removal from the Applicant, and reassignment to others, of certain of her functions as Head of UNODC in Albania, was an unlawful...