51ÁÔÆæ

Article 13 of the applicable Appendix D requires the ABCC to make its determination ¡°on the basis of reports obtained from a qualified medical practitioner or practitioners¡±. The scope of the ABCC¡¯s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above).; As convincingly explained by the Applicant¡¯s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it¡ªPTSD is per definition a post traumatic...

The application is rejected. UN Women, in denying the Applicant¡¯s request for an ex gratia payment in lieu of Special Post Allowance, did not exceed its authority. UN Women did not fail to properly apply staff rule 12.3(b) as the requested ex gratia payment was a matter that could not be treated as an exception to the Staff Rules by applying staff rule 12.3(b). Additionally, under UN Women¡¯s Financial Regulations and Rules, the request made by the Applicant does not fall within the parameters for an ex gratia payment. There is no basis within the regulatory framework for further reward by way...

The Applicant¡¯s conduct was in violation of staff regulation 1.2(b) and rule 1.2(f) and constitutes misconduct. The Tribunal found that the Applicant did make efforts to persuade her supervisee to forego attempting mediation to resolve their interpersonal disputes and threatened that mediation could adversely affect her supervisee¡¯s career. In particular, the Applicant implied that should her supervisee pursue mediation, her supervisee would develop a bad reputation and that mediation lacked confidentiality. The Applicant further indicated that there may be a negative impact on the chances of...

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section.; The Ethics...

The Respondent did not prove that the Applicant was appropriately informed about the non-renewal of his fixed-term appointment at the 25 October 2018 meeting. Since no other communication regarding the non-renewal has been submitted in evidence except the separation letter dated 22 January 2019, the Applicant¡¯s request for management evaluation of 23 January 2019 was therefore timely pursuant to staff rule 11.2(c).; The decision to abolish the Applicant¡¯s post is not a decision that can be appealed separately in the present case, and the decision not to renew the Applicant¡¯s contract is also...

The Applicant remains on special leave with full pay at the time of the judgment. The decision to terminate his appointment remains suspended and has no impact on his terms of appointment, the application is therefore not receivable ratione materiae.

The Administration is bound 51ÁÔÆæ its applicable legal framework promulgated in accordance with the mandate of the General Assembly, regardless of the impact of its implementation on staff members¡¯ benefits and entitlement. Any changes to the benefits and entitlements scheme could have different impact to staff members, and it is not the role of the Administration to consider such impact. The Administration is bound by its own regulations, rules and administrative issuances, and there is no requirement to harmonize the application of the rules among different United Nations entities...

The challenge to the contested decision is receivable. The cancellation of JO for the Post was not one of a series of preliminary steps leading to the final administrative decision. Rather, the Administration decided to abolish and reclassify the Post and therefore cancelled the JO in question. Therefore, this was a final administrative decision with regard to the Post and therefore can be reviewed by the Tribunal. The Applicant alleges that a restructuring exercise is a pretext for the cancellation of JO and it was a continued retaliatory act against her, but there is no evidence to conclude...

The management evaluation rescinds the 25 September 2019 decision not to investigate the Applicant¡¯s complaint of abuse of authority. Therefore, in application of Crotty, the Applicant¡¯s request for an order directing UNICEF 51ÁÔÆæ its obligations with respect to the complaint is not receivable. The Tribunal notes that as the 25 September 2019 decision was rescinded, further actions or inactions taken following the 7 November 2019 decision constitute fresh administrative decisions, actual or implied. Therefore, in application of art. 8.1(c) of the Tribunal¡¯s Statute, the Applicant must...

Comments and communications of staff representatives do not have a direct impact on the terms of appointment or contract of employment of an individual staff member. There is no right in the Applicant¡¯s terms of appointment for him to not be subject to comments from staff representatives. There is also no right in the Applicant¡¯s terms of appointment for him to compel the Administration to issue communications in this regard. The Applicant did not submit a request for management evaluation of the decisions or implied decisions identified in the application within the statutory 60-day deadline