±¬ÁÏÍø

i. Prima facie unlawfulness: The Tribunal found that prima facie unlawfulness had been established because the Applicant identified anomalies in the processes used by ±¬ÁÏÍøON. ii. Particular urgency: The Tribunal noted that the selection decision had been communicated to the selected candidate by ±¬ÁÏÍøON before the Applicant filed her application. As the contested decision had been implemented, the element of particular urgency had not been met. iii. Irreparable damage: The Tribunal found that the Applicant established irreparable damage in that there would be harm to her reputation and career...

Review of the motivations behind the contested decision: Circumstances intervening after the contested decision was taken may not be considered as showing the motives put forward by the Administration to be false. Even if it was proved that an evaluation of the Applicant¡¯s performance was conducted after his separation, this is not pertinent in examining the decision not to renew his contract, inasmuch as the motive provided therefor was not unsatisfactory performance. Scope of review by the Tribunal: It is not for the Tribunal to determine, when the Administration decides to close one of its...

The ±¬ÁÏÍøDT found that the Respondent had failed to fully comply with his obligations under ST/SGB/2008/5 with respect to the Applicant¡¯s complaints and that the Respondent had violated the Applicant¡¯s rights by not promptly providing her with a summary of findings and conclusions and by not investigating allegations of misconduct that impacted on her. Action to be taken under sec 5.14 of ST/SGB/2008/5: Depending on the circumstances of the case, section 5.14 may have two elements that must be satisfied by the Organization. The first component of section 5.14 is the review and assessment of the...

The events leading up to the Applicant¡¯s separation from service do not amount to a termination. The Applicant was in fact wrongly placed on Special Leave With Full Pay from 21 May 2004 to 31 December 2004. ±¬ÁÏÍøDP guidelines on Results and Competency Assessment do not confer any power on the Resident Representative to place a staff member on special leave with full pay for unsatisfactory performance as was done by the RR in this case. Not only was the decision to place the Applicant on SLWFP illegal, it was a disguised disciplinary measure designed to humiliate and embarrass the Applicant to the...

The ±¬ÁÏÍøDT found that the decision to summarily dismiss the Applicant was wrongful. Assault: A charge of assault is a criminal charge and it was not within ±¬ÁÏÍøICEF competence to investigate a criminal offence or a tort alleged to have been committed. Identification of staff members: The Tribunal took judicial notice of the fact that when an international staff member finds him or herself facing an imminent threat of physical harm or is placed in some other peculiar position especially in a foreign country, it is reasonable to identify oneself as a ±¬ÁÏÍø Staff Member. Sexual harassment: It is unusual...

Obligation to take action under ST/SGB/2008/5: The Administration¡¯s obligation to take prompt and concrete action under section 5.3 of ST/SGB/2008/5 is not limited to formal complaints or reports but also extends to ¡°allegations¡± of prohibited conduct. Scope of application of ST/SGB/2008/5: Comments made in the context of a staff member¡¯s performance appraisal could in some circumstances fall under ST/SGB/2008/5. For example, harsh criticism unsupported by examples or the use of offensive language could constitute improper conduct that might reasonably be expected or be perceived to cause...

The ±¬ÁÏÍøDT considered that the Applicant¡¯s initial complaint was meeting all the requirements contained in sec. 5.13 of ST/SGB/2008/5. It noted that the decision not to initiate a formal fact-finding investigation was made only six months after the complaint had been lodged hence it did not meet the requirement of ¡®promptness¡¯ contained in sec. 5.3 and sec. 5.14 of ST/SGB/2008/5. Further, the ±¬ÁÏÍøDT found that the course of action chosen by the ASG/OHRM, which consisted in asking first the alleged offender for his views, had no legal basis in ST/SGB/2008/5. Having considered the definition of the...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the...