¹ú²úAV

The Tribunal found that the Applicant engaged in multiple actions which amounted to serious misconduct. Therefore, his conduct not only displayed a serious failure to uphold the minimal standards of integrity conferred on an international civil servant, but it also displayed a flagrant disregard of the rules of the Organization. The Applicant¡¯s conduct undermined the trust and confidence placed in him by UNICEF. Such trust and confidence are essential for the continuation of an employment relationship. In these circumstances, the Tribunal considered that it was appropriate for UNICEF to end...

The Tribunal found that the application was  not receivable in respect to the five contested decsions in the Applicant's application. The Tribunal found that, inter alia,  the Applicant failed either to request management evaluation of a contested decision or because the Applicant¡¯s management evaluation was time barred. With respect to contested decision 5, the Tribunal found that the application was not receivable ratione materiae because the Applicant had failed to clearly identify a reviewable administrative decision. 

The Tribunal found that the Applicant had not met the requisite standard to rebut the presumption that the restructuring was genuine and therefore a valid reason for not renewing her FTA.

The Tribunal found that the Applicant failed to show by clear and convincing evidence that she was denied a fair chance of promotion. The contested decision was lawful as the Administration appropriately exercised its discretion in matters of staff selection. The Tribunal found no evidence to support the Applicant¡¯s view that her involvement with ¡°contentious¡± discussions with DGACM management as a Staff Union representative has any bearing on the interview process for the contested position.

The Applicant in this case was given the opportunity to complete his application with the mandatory prerequisite for the filing of an application before the UNDT. The Applicant appears to have misunderstood what constitutes a ¡°management evaluation request¡±. He assumed that querying the process with the hiring manager, and later, the Mission¡¯s Chief of Staff, constitutes ¡°management evaluation¡± for the purposes of proceedings before the UNDT. It does not.

The Appeals Tribunal concluded that the UNDT did not err in finding that the Administration had established that AAR had unlawfully disclosed confidential information and had unlawfully failed to disclose a conflict of interest and recuse himself. 

The Appeals Tribunal was also satisfied that the administrative measure imposed on AAR was proportionate to his misconduct, and that the UNDT did not commit any error in awarding moral damages for the harm AAR incurred due to the undue delay in completing the disciplinary process.

The Appeals Tribunal therefore dismissed the appeals.

The Appeals Tribunal found that the proportional adjustment of workload standards for self-revision services was a matter that fell squarely within the Administration¡¯s discretionary authority.  The Appeals Tribunal was satisfied that the Administration followed all proper procedures when taking and implementing the contested decision, and the UNDT properly determined that there was no requirement for staff management consultations at the departmental or office level in relation to a specific appealable administrative decision.

The Appeals Tribunal dismissed the appeal and affirmed Judgment...

As a preliminary matter, the Appeals Tribunal dismissed Mr. Wan's argument that he had been placed at a considerable disadvantage, directly impacting the outcome of the case, by the fact that he had been unrepresented before the ICAO Appeals Board.

Turning to the merits of the case, the Appeals Tribunal affirmed the findings of the Appeals Board that on clear and convincing evidence two counts of misconduct had been proved to have been committed by Mr. Wan which justified the imposition of the sanction of dismissal. On the material presented by the Secretary-General to the President, the...

With respect to the alleged discriminatory and arbitrary application of ICAO Staff Rule 105.3 regarding overtime, the Appeals Tribunal was satisfied that the Appeals Board had made no error in finding that Mr. Alvear had failed to identify any specific appealable administrative decision, and that it therefore did not err in dismissing his application.

Turning to Mr. Alvear¡¯s complaint that he did not receive the desk audit classification results for his position, the Appeals Tribunal found that the ICAO Appeals Board did err in finding the application not receivable since the Administration¡¯s...

The Appeals Tribunal found that the Administration¡¯s decision not to investigate further Mr. Lutfiev¡¯s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an UNRWA staff member.  

Furthermore, the Appeals Tribunal was satisfied that the UNRWA DT¡¯s decision rescinding Mr. Lutfiev¡¯s separation from service was decided erroneously.  The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev¡¯s separation from service and failed to undertake what is known as the four...