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The Tribunal found that the Applicant was not entitled to any compensation for loss of earning and benefits because the case corned the Ethics Office¡¯s decision that the Applicant had not been retaliated against and not the circumstances regarding his separation from ±¬ÁÏÍøDP. As for non-pecuniary damages, the Tribunal found that it was difficult to envisage a worse case of insensitive, high-handed and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights, including Articles. 1, 3, 6, 7, 8 and 9. Furthermore, the Tribunal found that the failures...

The Tribunal has to strike a balance between the subjective and introspective feelings and perception of the aggrieved staff member with the application of reasonableness, rationality and objectivity in arriving at a fair and proper assessment of damage particularly involving the indefinable characteristics of what has been described in broad general terms as ¡°moral damage¡±.The Applicant distress and anxiety as a result of feeling extremely upset and not valued by the Organization cannot justifiably be placed at the top end of the scale of severity but rather at the lower end. This is even...

As regards the Applicant¡¯s request for rescission of the contested decision, the Tribunal found that it was irreceivable insofar as decisions to extend a staff member¡¯s appointment are not decisions adversely affecting a staff member and thus are not subject to appeal. As regards the Applicant¡¯s request for a two-year renewal, the Tribunal further found that there were no legal provisions stipulating a particular duration of a fixed-term appointment.

The Tribunal reasoned that when seeking to challenge a policy, it was imperative that an applicant was specific in identifying how that policy had adversely affected him. A broad brush suggestion that a particular policy was discriminatory was not sufficient for purposes of litigation. The Tribunal emphasized that it was not in the bisuness of reviewing policies within the Organization, except where an Applicant clearly demonstrated that a specific decision had been made, which was adverse to his or her interests, in furtherance of that policy.; In light of the above, the Tribunal concluded...

The ±¬ÁÏÍøDT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The ±¬ÁÏÍøDT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the ±¬ÁÏÍøDT. The ±¬ÁÏÍøDT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the ±¬ÁÏÍøDT on account of her being a former staff...

The Tribunal considered that an employer does not have an unqualified right to refuse to accept a resignation and rejected the Applicant¡¯s submissions on receivability. The receivability of any application before the Tribunal is subject to the statutory requirement of article 8.1(c) of the Statute of the Dispute Tribunal, which is categorical that where required, an Applicant must submit a request for management evaluation of a contested decision.

Of the 153 candidates who applied for the post, five were roster candidates, i.e., candidates from a roster of previously pre-approved candidates who participated in a prior selection exercise but were not selected. Only roster candidates were considered and one of them was selected. Non-roster candidates, including the Applicant, were not reviewed. The ±¬ÁÏÍøDT found that the advertised position was not a generic job opening but a position-specific job opening. The ±¬ÁÏÍøDT found that an automatic appointment of a roster candidate to a position-specific job opening without a selection process that...

The Respondent submitted that the application was not receivable because, in regard to the initiation of an investigation against the Applicant, the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. Furthermore, the Applicant had been granted appropriate interim relief in relation to the alleged denial of her request to be granted an appropriate transfer or paid administrative leave. The Tribunal found that the Applicant¡¯s appeal against the decision to conduct an alleged ¡°secret and retaliatory¡± investigation was receivable, but dismissed the...

The Respondent submitted that the application was not receivable because the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. The Tribunal found that the Applicant¡¯s appeal was receivable.

The Applicant applied for a P-3 level temporary position advertised in October 2011. As part of the selection process, he was required to sit a written test. However, the Administration refused to accept his answers to the test on the basis that they were submitted after the specified deadline, which the Applicant disputed before the ±¬ÁÏÍøDT. The ±¬ÁÏÍøDT found that the application was time-barred as the Applicant filed it more than eight months after the expiration of the applicable time limit for filing with the ±¬ÁÏÍøDT and that the Applicant failed to provide an adequate basis to support a finding of...