51ÁÔÆæ

The UNAT held that the President of the Council of ICAO, in taking the decision not to approve the appointment of the staff member to the post, had regard to relevant considerations: the staff member was negatively assessed by the interview panel and the assessment centre, and had serious weaknesses in areas of vision and other competencies which were critical skills for ICAO. The UNAT found that the reasons provided by the President accorded with the facts.

The UNAT was of the view that, although the President discussed the matter with some members of the panel, these discussions had not...

The UNAT held that the application for revision had no merit. The UNAT considered that since all the evidence submitted by the applicant as new had always been in her possession and she had never mentioned them or made any effort to have them produced during the judicial proceedings, this evidence was not new to her.

The UNAT noted furthermore that the applicant¡¯s submissions essentially repeated or added to the same arguments that she had raised before the UNAT in the prior proceedings.

In addition, the UNAT pointed out that in failing 51ÁÔÆæ the Order in which the UNAT granted in...

Ms. Ocokoru filed an appeal.

The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that Ms. Ocokoru had failed to file her appeal within the applicable time limit pursuant to Article 7(1) of the UNAT Statute and had failed to request a suspension, waiver or extension of the time limits. The UNAT concluded that the appeal was therefore time-barred and not receivable ratione temporis.

The Appeals Tribunal found that, in any event, the UNDT did not err in finding the application not receivable ratione materiae on grounds that the arguments raised by Ms. Ocokoru had already...

The UNAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the UNAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The UNAT further held that these actions should be viewed in light of the continuous efforts...

The UNAT held that the former staff member did not meet the burden of showing that the UNDT Judgment was defective, instead merely arguing that the decision was not fair. On the contrary, the UNAT found that in not renewing her fixed-term appointment, the Administration acted lawfully and fairly.

The UNAT emphasized that the Administration¡¯s decision was part of a genuine restructuring which involved, among other measures, reprioritizing existing resources through reassignment, redeployment, and reclassification of staff, including the redeployment of the former staff member¡¯s position from...

The UNAT held that the Standing Committee of UNJSPB had appropriately found Ms. Briel ineligible to receive a widow¡¯s benefit.

The UNAT found that Ms. Briel should have submitted her appeal to the UNAT using the prescribed form, accompanied by a brief explaining her grounds for appeal, particularly given that she had received clear instructions from the UNAT Registry. Nonetheless, the UNAT reviewed the merits of her appeal.

The UNAT found that, at the time of the late participant¡¯s death, he had not reported Ms. Briel as his spouse or common-law spouse. Moreover, there was no evidence to...

The UNAT held that the UNDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the UNAT found that while a decision to place a note in the former staff member¡¯s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the UNDT should have identified either decision as the contested decision, but erred in following the former staff member¡¯s assertion that a termination decision was taken on 1 April 2022.

Nevertheless...

The UNAT held that Mr. Almasri did not fulfil the requirements for revision of the prior UNAT Judgment. Mr. Almasri¡¯s primary complaint was that the remedy awarded to him failed to make him eligible for a better retirement pension based on a longer deemed service and contribution history.

The UNAT found that no new fact was advanced by Mr. Almasri that had been unknown either to him or the UNAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. Instead, it was Mr. Almasri¡¯s negligence that brought about his factual ignorance...

The Applicant claims that, by informing her that she would only be entitled to the long service step increment in August 2028 instead of August 2026, the Administration effectively made a new and separate administrative decision that is reviewable under the Tribunal¡¯s jurisdiction.

The issue under challenge for the purpose of receivability was whether the communication sent to the Applicant on 19 September 2023 constituted a reviewable administrative decision.

The Tribunal found that there was no decision made by the Respondent in the 19 September 2023 correspondence that adversely affects the...

Having examined the evidence on record, the Tribunal identifies the following issues for determination:

Whether the Applicant is entitled to parental leave under staff rule 6.3

The entitlement under new staff rule 6.3 on parental leave is only effective as of 1 January 2023, and its application is subject to the ¡°conditions established by the Secretary-General¡± as per staff rule 6.3(a). These conditions are set out in ST/AI/2023/2.

Section 1.2 of ST/AI/2023/2 provides that said administrative instruction governs the administration of parental leave in respect of a child born or adopted on or...

The Tribunal established that the Applicant was duly informed, before accepting the offer letter, of the mandatory nature of the condition of mobility in her proposed employment. However, even if mandatory mobility had not been so explicit in the pre-appointment documents, the regulatory framework stipulates at staff rule 4.1 that it is the letter of appointment (LOA) that contains expressly or by reference the terms and conditions of employment.

Therefore, when the Applicant signed her LOA on 3 October 2023, duly accepting all the terms and conditions of her employment, including the required...

General verbal statements, which the Applicant asserts were made by his Fist Reporting Officer during team meetings, cannot constitute an express promise to renew his TA. More importantly, such verbal statements lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. Furthermore, the Tribunal found that no official commitment was made to the Applicant in writing to substantiate an expectation of renewal of his TA.

The Tribunal found that performance management procedures governed by ST/AI/2010/5 and...

The UNAT held that the UNDT did not err in finding that the staff member¡¯s action of gifting a sex toy to a subordinate was inappropriate, as it transgressed the boundary between the professional and personal life of the subordinate, even if the event took place in private. Whether solicited or not, it had the potential to negatively impact the image and interests of the Organization. Consequently, the UNAT concluded that by doing so, the staff member failed to uphold the required standard expected of her role as a manager.

The UNAT also found that the UNDT committed no error in finding that...

The UNAT, by the rationale applicable to appeals and specific claims, allowed the staff member to withdraw the earlier motion without justification. The UNAT granted the motion to withdraw the motion to increase the page limit of the appeal brief.

The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member¡¯s appointment if it had been disclosed to the Organization during the recruitment process.

In the instant case, the Tribunal...

The Tribunal initially ordered that, in accordance with the Appeals Tribunal in Villamoran 2011-UNAT-160, the contested should not be implemented during pendency of the present proceedings and before it had adjudicated all matters of the present case.

As the Applicant filed the application to the Dispute Tribunal after the selection had already been implemented, the application for suspension of action was therefore not receivable.

The Tribunal DECIDES that the Application is rejected.

The Applicant claims that the Administration¡¯s indication that she will only be entitled to be considered for her long service step increment in August 2028, instead of August 2026, contravenes the terms of the settlement agreement signed previously. The issues the Tribunal considered for the purpose of receivability were, therefore, whether the subject matter of the application was one of the terms of the Agreement and whether the Agreement had been implemented or not.

In the Tribunal¡¯s view, the record did not allow to conclude that the deferment of eligibility for increment was a matter...

The Tribunal held that:

a. The facts upon which the Applicant was reproached do not amount to misconduct;

b. it was not part of the Applicant¡¯s remit to verify where the staff members were located;

c. The issue regarding the Applicant¡¯s factual knowledge of where the other staff member resided during the period in question was based on conjecture;

d. The Respondent had not adduced any evidence to indicate that the Applicant always and effectively knew where the other staff member was residing in each moment, or had any knowledge of that staff member's relationship with the owners of any of...

The Applicant's motion for interim measure is made in the context of a series of applications arising from decisions taken because of allegations of misconduct against the Applicant, which involved sexual harassment and sexual abuse. Such misconduct is recognized in the regulatory framework as of such gravity that it provides an exceptional basis for placing a staff member on ALWOP pending the conclusion of the investigation. The Applicant contends that, based on new information available, there is no longer any basis for a finding that there is a preponderance of evidence that he engaged in...