Judgment

Since the Applicant’s re-employment and new appointment occurred after 1 July 2007, his eligibility to participate in ASHI is contingent on his fulfilling the criteria laid out in sec. 2.1(a)(ii) of ST/AI/2007/3. Specifically, he is required to have been a participant in a contributory health insurance plan of the United Nations for a minimum of ten years.

In this case, the facts were established and there was clear and convincing evidence that the Applicant committed fraud on purpose.

The Applicant’s conduct amounted to a breach of his basic obligations under staff regulations 1.2(b) and (g), staff rule 1.2(i), and the Strategic Framework for the Prevention of Fraud and Corruption.

The evidence is clear and convincing that the Applicant acted with knowledge and intent to mislead (and even with a possible personal economic interest).

Given the nature and gravity of the Applicant’s misconduct, the sanction is not absurd, unreasonable, or...

The Respondent shall pay to the Applicant damages equivalent to three months’ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.

The Applicant’s request for management evaluation on 15 November 2021 against the ineligibility to the education grant for French nationals residing in neighbouring France and serving in Geneva was time- barred. As such, this aspect of the application is not receivable ratione materiae. Nevertheless, considering the circumstances of the case, the 22 September 2021 Administration’s denial of the Applicant’s 2020/2021 education grant claim constitutes a new administrative decision. As such, the 60-day deadline for requesting management evaluation of this decision started to run from 22 September...

The Tribunal found that the Applicant failed to show by clear and convincing evidence that he was denied a fair chance of selection. Accordingly, the Tribunal found that the contested selection decision was lawful as the Administration appropriately exercised its discretion in selecting the selected candidate.

The United Nations, as an exemplary employer, should be held to higher standards and the Respondent is therefore expected to treat staff members with the respect they deserve, including respect for their well-being.

This duty of protection applies not only to physical disease, but also to psychological disease.

This implies a duty to intervene promptly to protect the staff member, at risk for his/her health.

it took 22 months for the Administration to assess if the Applicant’s pathology was related to the work environment and therefore the Tribunal was of the view that the ABCC unduly...

Rescission and in lieu compensation under art. 10.5(a) of the Dispute Tribunal’s Statute

Considering that the evidence provided by the Respondent showed that the duration of most of the former renewals of the Applicant’s fixed-term appointment including the last regular renewal was for a duration of one year and that there is no expectation of renewal for a fixed-term appointment, the Tribunal determined that the amount of in lieu compensation must be equal to one year’s net base salary.

Compensation for harm under art. 10.5(b) of the Dispute Tribunal’s Statute

The Tribunal reviewed the...

It is incumbent on the Applicant to allege and to prove that her complaint was not handled following the applicable procedures and/or that there was a failure to properly assess relevant and available evidence, which led to a manifestly unreasonable decision. After a careful review of the case file and the evidence before it, the Tribunal has not identified any procedural irregularity committed by OIOS in its preliminary assessment nor any wrongdoing. Instead, the Tribunal finds that the decision to close the complaint without any further action was well‑substantiated and in line with the...

The Applicant erred in her assessment that OIOS is not part of the Administration and that its decision does not constitute a final challengeable administrative decision. Indeed, OIOS is part of the Secretariat. It “operates under the authority” of the Secretary-General, albeit its operational “independence”. Accordingly, decisios made by OIOS can constitute, in fact, final administrative decision. The fact that the Applicant made two reports, namely one to OIOS and one to the Administration, did not create a duty on any other person or office to make a final decision, given that the...

The Tribunal is seized of an application where the staff member contests the termination of her permanent appointment and separation from service due to unsatisfactory performance. The evidence shows that the Applicant’s performance was rated as either “partially meets performance expectations” or “does not meet performance expectations” since 2015, except for one cycle in which she “fully met” expectations. The Applicant only rebutted one of these performance evaluations, which, however, was upheld by the rebuttal panel. Accordingly, all of these performances evaluations are binding on the...