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The Applicant has not shown that the negative employment decision had any direct adverse consequences on her contract. The Applicant’s argument that the decision was used by the Administration not to renew her temporary employment is without merit. She has not adduced any evidence to substantiate her claim. On the contrary the Respondent has shown that the temporary employment expired at the end of the maximum 364 days offered in the contract. The Applicant has failed to convince the Tribunal that the decision not to renew her temporary employment was a direct consequence of the decision from...

The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant’s status as “divorced”, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.

Irregularities in connection with a process, including alleged delay in reaching a final decision, may only be challenged in the context of an application contesting the conclusion of an entire process. Indeed, this final administrative decision, which concludes the compounded administrative process in administering a staff member’s complaint, is the only challengeable one and absorbs all the previous preliminary steps. The Tribunal noted from the record that the investigation of the Applicant’s FRO’s complaint had been completed and OHR had provided its assessment on the case. It further...

Although the Organization’s payment of the Applicant’s final entitlements into the wrong bank account was a serious irregularity, the Tribunal concluded that the irregularity did not obliterate the fact that the Organization discharged its final payment obligation toward the Applicant because the payment was made into the Applicant’s account on record. This mistake did not cause financial damage to the Applicant but rather resulted in a reduction of his personal liabilities. Further, the Applicant had had several opportunities to authorize the return of the funds to the Organization, and thus...

The Tribunal dismissed the application for the following reasons: the facts had been established to the requisite standard of clear and convincing evidence because the Applicant failed to provide any evidence to contradict the Respondent’s fundamental findings on the objective and subjective elements of the impugned conduct; the established facts qualified as misconduct because the Applicant failed to act with the diligence required of staff applying for education grant entitlements pursuant to ST/AI/2011/4; the sanction was not disproportionate because it was not the most severe sanction for...

The Tribunal found that Administration properly calculated the Applicant’s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been “re-employed” on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant’s sick leave entitlement of three months on full salary and three months on half salary was calculated...

The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant’s actions, as established by the facts, were abuse of the Applicant’s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration’s finding that the Applicant...

The facts in support of both counts leveled against the Applicant (count 1: creating a hostile, offensive and humiliating work environment for one staff member and count 2: abuse of authority concerning the recruitment and employment of a consultant) have been established in the case at hand not only by preponderance of evidence, the applicable threshold, but also by clear and convincing evidence. The established facts were in violation of the applicable legal framework, namely ST/SGB/2008/5 and ST/AI/2013/4. Cases involving the creation of a hostile and offensive work environment have...

Having examined the evidence on file, particularly the panel’s investigation report and its annexes, the Tribunal is satisfied that OHCHR properly handled the Applicant’s complaint against his FRO, and that the case record fully supports the reasonableness of the decision not to initiate disciplinary proceedings against said FRO. The Tribunal further observes that the Applicant’s due process rights as set forth in ST/SGB/2008/5 and ST/AI/2017/1 were respected. The Applicant was inter alia interviewed and given an opportunity to provide his version of events and informed of the outcome of his...