The Tribunal observed that a review of the evidence in this case indicated that the panel¡¯s assessment of the Applicant¡¯s interview was proper. Accordingly, the Tribunal held that the Applicant received full and fair consideration and that the Administration followed all applicable procedures.
The Tribunal recalled that under art. 2.1(a) of its Statute, it is competent to hear and pass judgment on an appeal from ¡°an administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment¡±. The Appeals Tribunal explained that this provision establishes a ¡°jurisdictional precondition of an immediate, direct, and adverse impact¡± of the challenged administrative decision upon the staff member.
Having examined the record, the Tribunal concluded that, in this case, there was no showing of such adverse impact on the Applicant. Accordingly...
The Applicant having failed to establish any illegality, procedural irregularity, bad faith or improper motivation in the Respondent¡¯s taking of the decision not to accept her request to withdraw her resignation, the application had to fail.
Had the Respondent not exercised his discretion to reject the Applicant¡¯s request to withdraw her resignation, he would have been compelled to rescind selection decisions already communicated and accepted by three other staff members. This would have constituted a breach of the employment contracts of the three staff members. This breach would have...
The Tribunal held that the decision to change a staff member¡¯s reporting lines is not a reviewable administrative decision under art. 2(1)(a) of the Dispute Tribunal's Statute. The Tribunal, further, established that the contested decision did not produce direct adverse legal consequences to the Applicant¡¯s employment contract. The Applicant continued to perform his functions at the P-4 level. The only change was that he reported to different persons. Accordingly, the application was dismissed as not receivable.
The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant¡¯s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline.
Mr. Ronved appealed.
The ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT Judgment.
The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the ±¬ÁÏÍøDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the ±¬ÁÏÍøDT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...
The ±¬ÁÏÍøAT considered an appeal by the staff member.
The ±¬ÁÏÍøAT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The ±¬ÁÏÍøAT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The ±¬ÁÏÍøAT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had made an error of fact...
The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.
The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...
The Tribunal recalled that receivability is a condition sine qua non for judicial review.
The Tribunal noted that by the time the Applicant filed his application, he had not been formally notified of the abolition of his post and the restructuring exercise was still ongoing. Up to the date of the judgment¡¯s issuance, the situation remained the same as showed by a November 2023 email from ±¬ÁÏÍøDP to the Applicant asking him to confirm his interest in the position of Programme Assistant at the G-5 level. So far, the Applicant is still serving at the G-6 level in ±¬ÁÏÍøDP Pakistan.
The Tribunal...
The ±¬ÁÏÍøAT considered an appeal by the staff member.
The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.
The ±¬ÁÏÍøAT found that there was an error in the ±¬ÁÏÍøRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the ±¬ÁÏÍøRWA would have found her unsuitable for the role at the end of the probationary period.
The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøRWA DT¡¯s methodology of fixing...
