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interpreting medical reports to determine the cause and extent of medical disabilities is the essence of forensic medicine and the result is clearly a medical determination.

this argument seeks to have the Tribunal second-guess the Administration¡¯s finding that the X-ray camera did not fall on the Applicant¡¯s knee in 2017. That is beyond the purview of this Tribunal. In conducting a judicial review of an administrative decision, the Tribunal must defer to the Administration¡¯s factual findings and may not substitute its own decision for that of the Administration. Moreover, it is clear from...

The UNAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.

The UNAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates¡¯ suitability for the post instead of seniority, compelling reasons...

Le Tribunal a estim¨¦ que l¡¯ABCC avait mis un temps d¨¦mesur¨¦ (pr¨¨s de cinq ans) ¨¤ traiter la demande d¡¯indemnisation de la requ¨¦rante suite au d¨¦c¨¨s de son mari.

L¡¯objectif m¨ºme de l¡¯indemnisation d¡¯un fonctionnaire pour un pr¨¦judice subi (ou de l¡¯indemnisation d¡¯un b¨¦n¨¦ficiaire pour le d¨¦c¨¨s d¡¯un proche) est d¡¯att¨¦nuer ses souffrances et de le placer dans la situation o¨´ il se serait trouv¨¦ si le pr¨¦judice n¡¯avait pas eu lieu. ? cet ¨¦gard, la question pertinente n¡¯est pas de savoir si la demande d¡¯indemnisation est accept¨¦e ou rejet¨¦e, mais si une d¨¦cision sur la question est prise en temps...

In the context of the present case, the Tribunal finds that the electronic UMOJA notifications regarding the Applicant¡¯s time and attendance records, which were automatically sent to him on a monthly basis during the relevant four-year time period, were nothing but status updates on his leave records. None of the status updates therefore constituted separate and individual administrative decisions in accordance with art. 2.1(a) of the Dispute Tribunal¡¯s Statute against which the Applicant must file a request for management evaluation in accordance staff rule 11.2.

Applying either evidentiary...

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 believe¡±, 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...

A staff member¡¯s duty to abide by managerial instruction lies at the heart of employment relationships and the Tribunals are expected to accord a measure of deference to managerial authority, including in setting performance standards (see, Applicant 2020-UNAT-1030, para. 34).

The Applicant has not demonstrated any procedural or substantive breach of his rights. In the absence of any evidence that the performance standards applied by UNICEF are manifestly unfair and irrational, the Tribunal cannot substitute its decision for that of the decision-maker to overturn the contested decision.

Accordin...

The Tribunal defined the overall issues of the present case as follows:

Whether the Applicant wilfully misled the Organization

While there were many factual disagreements between the parties, including with respect to the details of the financial gains and dealings the Applicant was involved with, the Tribunal found that it was not necessary to resolve all those disputes during this exercise of judicial review. The Applicant admitted his extensive financial relationships with Mr. David Kendrick and that he failed to disclose these relationships to the Organization. These admissions were...

Having considered all the submissions and the evidence on record, the Tribunal considered that the main issue for determination was whether the hiring manager conducted a fair and unbiased assessment of the Applicant¡¯s candidacy, giving it full and fair consideration.

The spreadsheet submitted by the Respondent in response to Order No. 57 (GVA/2024) sheds a light into the matter. This contemporaneous document showcases the hiring manager¡¯s thorough assessment of the Applicant¡¯s professional experience.

The Applicant¡¯s submissions concerning his title, long satisfactory service, OiC experience...

The Tribunal found that the Respondent was not able to demonstrate that the facts on which the disciplinary measure was based were established by clear and convincing evidence, as otherwise required by the Appeals Tribunal in its jurisprudence.

Having found that the facts on which the disciplinary measure was based had not been established by clear and convincing evidence, the Tribunal also found that there was no established misconduct by the Applicant.

Given the finding of absence of misconduct by the Applicant, the Tribunal also rescinded the sanction imposed on him.