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The disciplinary sanction was based on the finding that he had made a material misrepresentation on several personal history forms when applying for jobs. The ±¬ÁÏÍøDT found that it has been established that on three occasions¡ªsometime in or around October 2011, on 25 March 2005 and on 21 February 2007¡ªthe Applicant¡¯s personal history forms incorrectly indicated he did not have ¡°relatives employed by a public international organization¡±, whereas his brother was in fact employed by the United Nations until 8 December 2008. The ±¬ÁÏÍøDT found, however, that the established facts did not amount to...

The ±¬ÁÏÍøDT found that the application was irreceivable ratione materiae and ratione temporis as both the Applicant¡¯s request for management evaluation and his application before the Tribunal were time-barred. Receivability: A new administrative decision that supersedes the contested decision cannot be submitted to the Tribunal¡¯s review through additional submissions in the case under consideration. It ought to be challenged through another application before the Tribunal. The deadline to file a request for management evaluation starts from the moment the staff member was made aware of the...

The application was not receivable because the Applicant was a former staff member of ±¬ÁÏÍøIDO. While the Applicant had no locus standi before ±¬ÁÏÍøDT, his case would have been properly filed either with ILOAT or ±¬ÁÏÍøAT.

Request for reconsideration of an administrative decision - According to the applicable rules and consistent with the principle of expeditiousness in administrative proceedings, a request for reconsideration of the decision by the first instance administrative organ does not have a suspensive effect on the deadlines for management evaluation.

The Tribunal granted the application in part and awarded the Applicant USD18,000 in moral damages: USD3,000 for each of the six RC position for which she applied in her August and November 2013 job applications (the appeal against other non-selection decisions was not found receivable as it had been made out of time). When assessing the Applicant¡¯s relevant applications, it was unlawful for the EG to not nominate the Applicant as this decision was based on her 2012 performance appraisal report, which, at the given time, was still under rebuttal, and not on the last three performance appraisal...

The Tribunal found that the case was one of termination of mandate, rather than of abolition of post under the relevant rules; hence, the decision to terminate the Applicant¡¯s permanent appointment was illegal. It further decided that even if one were to follow the Respondent¡¯s argument that it was post abolition, such abolition needed the approval of the Board of ±¬ÁÏÍøICRI which had not been obtained. Finally, following the argument that it was post abolition, the Tribunal noted that the Administration clearly failed to comply with its obligation to make reasonable and good faith efforts under...

The ±¬ÁÏÍøDT found that the facts in this case have not been established to the required standard, that is, the alleged misconduct has not been established by clear and convincing evidence. The Respondent¡¯s case was based on inconclusive evidence linked together by certain inferences and assumptions, without other possible explanations having been given due weight and consideration. As the facts have not been established, the Applicant¡¯s actions cannot be classified as misconduct and no disciplinary measures should have been applied to the Applicant. The ±¬ÁÏÍøDT found that this case was not marred by...

The Tribunal noted that the relinquishment of the Applicant¡¯s post was not imposed upon her by the Administration. It occurred at her own initiative and of her free will. It found that the termination decision was lawful and rejected the application. Termination of an FTA: The FTA of a staff member who signed an agreement relinquishing the lien on his/her regular post and, hence, who has no post to return to, can be terminated on the basis of that agreement. The Administration has no duty to make good faith efforts to place that staff member against a suitable post beyond the terms of the...

The Tribunal was satisfied that the relevant rules were followed and found that the Applicant failed to show evidence that the decision was based on extraneous factors. It concluded that the Applicant was given full and fair consideration and rejected the application. Written test: Where an Applicant successfully passed an anonymous written test, but is subsequently eliminated at the stage of the interview, the question of who should have designed and corrected the written test in a selection process is not determinant for the outcome of the selection process vis-¨¤-vis the Applicant. Any...

The Tribunal found that, although the decision to appoint a new panel emanated indeed from the Administration, it did not amount to an appealable administrative decision because it was merely preparatory in nature. Consequently, the Tribunal did not have jurisdiction to review it. Discretionary and not discretionary decisions: The well-established definition of administrative decision does not even mention¡ªlet alone require¡ªany given degree of discretion among the elements characterising it. Administrative decisions may be discretionary or not discretionary, and this does not affect their...