The Court found that the Applicant failed to demonstrate the existence of exceptional circumstances or factors beyond his control that prevented him from filing a timely application for enforcement of the Settlement Agreement (see, e.g., Gelsei 2020-UNAT-1035, paras. 19-24).
In any event, the Trtibunal considered that a period of six and a half years to request enforcement was excessive.
The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.
The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.
Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...
The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.
The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.
Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...
Having established that the Applicant was duly notified of the contested decision on 22 May 2023, the Tribunal found that the request for management evaluation should have been filed by 22 July 2023, at the latest. Since the Applicant only filed the request for management evaluation on 23 November 2023, the Tribunal further found that the application was not receivable.
As Counsel for the Applicant admitted that the Administration had already substantially settled the Applicant’s tax liability claims for 2022 and 2023, the Tribunal also considered those aspects of the application as moot.
The...
The Tribunal has no jurisdiction to determine this application on the merits as it challenges a decision that was not submitted for management evaluation in a timely manner. The application is therefore not receivable ratione materiae.
The Applicant’s contention in respect of his putative privileges and immunities as a staff member of the United Nations is misconceived. Section 20 of the Convention on the Privileges and Immunities of the United Nations is clear: Privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the...
The Tribunal found the application to be receivable on the basis that a negative performance rating does produce legal consequences for the affected staff member and is reviewable.
In the Tribunal’s view, the Respondent failed to show that the USG engaged the Applicant in a proper performance discussion or provided sufficient feedback of a performance shortcoming as required by secs. 7.1, 7.2 and 10.1 of ST/AI/2021/4. he Tribunal found no evidence of a discussion between the USG and the Applicant which could be classified as a performance milestone discussion, one which sets out clear targets...
The Tribunal was mindful of the Organization’s “zero-tolerance†policy against sexual harassment and abuse as well as of the need for the Organization to protect its reputation and the integrity of the workplace.
The Tribunal noted that the standard required at the stage of imposing the administrative leave without pay ("ALWOP") is not “clear and convincing evidence†but “reasonable grounds to believeâ€, which is a lower standard. On balance, the Tribunal was satisfied that the initial phases of the investigation uncovered sufficient evidence to support a reasonable suspicion that the Applicant...
The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024, it did not meet the definition of “administrative decision†within the meaning of art. 2.1(a) of the Tribunal’s Statute.
Because alleged negligence by United Nations officials is not a cause of action available to staff members and is beyond the jurisdiction of the Tribunal, the Applicant could not bring a claim of gross negligence.
The Applicant was notified of the decision to deny his gross negligence claim on 8 April 2024. He was required to request management evaluation within 60 calendar days from...
The Tribunal held that the facts upon which the disciplinary sanction was issued were proven by claer and convincing evidence and very serious. The Applicant admitted the facts upon which the discipline was imposted. The Tribunal rejected the Applicant's various arguments for which she failed to return monies erroneously deposited to her personal account by UNFCU, holding that there was no evidence that the Applicant was entitled to Appendix D or separation benefits, that the failure by UNFCU to provide specifics of who had made the erroneous transfer was irrelevant. The Tribunal further...
On delegation on authority, the Respondent argued that the presumption of regularity avoids the need for proof absent a prima facie case. This argument is entirely correct. The Respondent was required to and submitted email correspondence between the ASG/OHRM and the USG/DMSPC regarding this case. In that correspondence, the ASG/OHRM attaches her recommendation to impose a disciplinary sanction on the Applicant, along with a “detailed analysis in the body to the recommendation.†In response, the USG/DMSPC writes“Recommendation approved.†The Tribunal was therefore convinced that the contested...
