51ÁÔÆæ

The United Nations, as an exemplary employer, should be held to higher standards and the Respondent is therefore expected to treat staff members with the respect they deserve, including respect for their well-being.

This duty of protection applies not only to physical disease, but also to psychological disease.

This implies a duty to intervene promptly to protect the staff member, at risk for his/her health.

it took 22 months for the Administration to assess if the Applicant¡¯s pathology was related to the work environment and therefore the Tribunal was of the view that the ABCC unduly...

The issue was whether the Applicant was entitled to education grant for his son¡¯s last year of a five-year degree program which includes two semesters (approximately one year) of no cost/no tuition co-operatives/internships.

The Tribunal held that since the Applicant's son was enrolled in his educational institution during years three and four of his programme, during which the co-op semesters were part of the curriculum, there was no basis not to count years three and four as school years. As these years entailed less expenses on account of tuition not being paid during the co-op semesters...

Pursuant to jurisprudence on the factors to consider in a communication purporting to constitute the date on which an administrative decision was made, the Tribunal found that the 8 December 2021 communication from the CHRO/RSCE constituted the impugned decision. It had sufficient gravitas having been conveyed by the CHRO/RSCE as opposed to the HR Partner, it raised relevant factors and it had an element of finality.

The Tribunal found that the Applicant met the timeline for filing a request for management evaluation in accordance with staff rule 11.2(c). The Respondent¡¯s motion on...

The establishment of the fact-finding panel, as statutorily required, renders the application moot.

The Tribunal, based on the evidence on the record, established that the invoice and the medical report that the Applicant submitted to Cigna for reimbursement were not authentic. Despite the foregoing, the Applicant certified to Cigna that the information he was submitting was ¡°correct and true¡± and was therefore, acknowledging that he was aware of the contents of the medical claim and attesting to its authenticity.

The Tribunal further concluded that no evidence was offered of the effectiveness of the medical treatment. Excluding the fake invoice and the fake medical report, no other...

The Respondent shall pay to the Applicant damages equivalent to three months¡¯ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.

The Applicant did not deny the authenticity of the Microsoft Outlook notifications. This meant that the Applicant should have filed his application no later than 26 June 2023 51ÁÔÆæ the 90-calendar day deadline.

He filed his application on 28 June 2023, which was two days after the statutory deadline so the application was dismissed as not receivable.

Regarding the ex-gratia claim, the Tribunal observed that the evidence of the fact that the Applicant was carrying out the functions of a P-4 post could be noted from the fact that the functions which the P-4 currently is performing are the same as those which the Applicant was performing before she was reassigned in 2021. The Tribunal, thus, concluded that the Administration violated the Applicant¡¯s right to equal pay for equal work. The Applicant had the right to be compensated for her functions at the proper level, and therefore, she had the right to retroactive payment of salary lost...

At the outset, the Tribunal recalled that based on the evidence on record, the Applicant¡¯s main claim to have the contested decision rescinded had been rendered moot by the Applicant¡¯s retirement. Therefore, the matter that remained for adjudication concerned compensation for the financial and moral harm.

In the entirety of the circumstances, the Tribunal concluded that the impugned decision had an improper motive and improper purpose and was therefore, unlawful. The Tribunal further held that based on the aforesaid, it was satisfied that the reassignment decision had a negative impact on...

On the issue of illegality, the Tribunal found that the Applicant had been removed from his official functions, without case or proper justification, and had been forced to re-apply for his own previous functions. These decisions were taken without reference to any failings of the Applicant, misconduct, indication that he has not successfully performed his functions in the past, or indication that he would not be able to perform his functions in the future.

On the issue of damages, the Tribunal found that although the Applicant kept on holding a continuing appointment at the D-1 level, he...