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The Tribunal concluded that, based on the inconsistencies identified in the complainant’s statement during the investigation, together with the absence of his testimony during the appeal, as the only direct witness apart from the Applicant, the complainant’s version of facts did not corroborate the other witnesses’ statements, except for one witness, who had only an indirect knowledge of the alleged incident. The Tribunal concluded that there was no reasonable link between the alleged physical assault and the existing injury. The Tribunal further concluded that the procedure followed was...

The allegations of soliciting and receiving money from several UNMISS International Individual Contractors (IICs) were proven by clear and convincing evidence and that the established facts legally amounted to misconduct under the staff regulation 1.2(g) and staff rule 1.2(k) because in 2014 and 2015, the Applicant solicited and/or accepted monetary payments from the IICs knowing that these payments were being made because of assistance he provided or was believed to have provided in his position as a finance assistant with the Organization. In the absence of a request for management...

The Tribunal found that the Applicant’s claim in respect of recoveries from his pension, affirmed by the Management Evaluation Unit on 14 April 2015 was not receivable. The Tribunal held that the Applicant had until 13 July 2015 to file an application challenging the decision but he failed to do so. With regard to the Applicant’s request for retroactive dependency benefits of his adopted children, the Tribunal held that the Applicant was required to request management evaluation of that decision within 60 calendar days, but he did not do so. Consequently, the application was rejected as it was...

The Applicant failed to comply with art. 8.1(d)(ii) of the UNDT Statute, because he did not file his application until more than one year after the 90-day statutory deadline. The Tribunal held that the application was time-barred due to the Applicant’s failure to file his application within the established time limits. The Tribunal also held that the Applicant failed to articulate any exceptional circumstances justifying the delay.

In line with the jurisprudence of the Organization, the role of the Tribunal was limited to reviewing whether the candidate received full and fair consideration, the procedures were followed, improper motives were absent and relevant materials had been considered. In this regard, UNAT has held that a candidate alleging a failure to observe his or her right to full and fair consideration for selection must prove through clear and convincing evidence that procedure was violated, the panel was biased, irrelevant material was considered or relevant material ignored. Contrary to the Applicant’s...

While the Applicant was not required to request management evaluation before filing this application, she was, however, required to file her application with UNDT within; 90 calendar days of receiving the contested decision. The Applicant’s 25 March 2018 motion for waiver failed to comply with the stringent requirement pronounced by the Appeal’s Tribunal in Thiam because it was not filed prior to the filing of her substantive application but more than five months after the fact. Additionally, the Applicant’s passing mention of receivability in her 17 October 2017 application cannot be...

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, UNMISS Human Resources Section (HRS), the UNMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant’s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and UNMISS/HRS owed a duty to the Applicant to advise him of the option...

The case of misconduct against the Applicant was established by clear and convincing evidence. The Appeals Tribunal has previously made findings on staff members whose occupations within the United Nations system place them in “positions[s] of trust” and held that a breach of that trust impacts negatively “on the issue of proportionality.” Security officers within the United Nations system similarly occupy positions of trust, charged as they are with the protection of personnel and property of the United Nations. In established cases of theft, the sanction is usually severe. The sanction of...

Since the Applicant has not sought management evaluation of the alleged instruction for him to work for Warrior Security Limited Company or his allegations of harassment and retaliation in relation to the performance improvement plan, those claims are not properly before the Tribunal. Consequently, the decision to appoint another staff member at the same level as the Applicant’s supervisor and FRO is the only decision that the Tribunal can entertain. Clearly, the Tribunal cannot reinstate an application that was withdrawn by the Applicant in 2015 and has no bearing whatsoever on the decision...

The Applicant consistently, throughout the proceedings, admitted the fact that sometime between December 2006 and January 2007, he had stated in his job application that he had no relative working for a public international organization, even though he was aware that at the time his brother was working for the United Nations. As such, the fact that the Applicant failed to disclose relevant information when he should have, is essentially not in dispute. Whereas the Applicant insists to calls his deed an “oversight”, it is impossible to accept. By invoking the same justifications for not...