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The ±¬ÁÏÍøDT found, on the one hand, that ±¬ÁÏÍøAMA decision to close the case given the conclusions of the investigation constituted a valid exercise of discretion by the Administration, and that the Organization did not breach the Applicant¡¯s rights by not sharing the full investigation report with her. On the other hand, the Tribunal found that ±¬ÁÏÍøAMA failed to take diligent action with respect to the Applicant¡¯s complaint and that it incurred inordinate delays both in reviewing and assessing the Applicant¡¯s complaint and in setting up a fact-finding panel and conducting the investigation into her...

Moral damages ¨C As held in Asariotis 2013-±¬ÁÏÍøAT-309, damages for a moral injury may arise from a breach of the employee¡¯s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed (be they specifically designated in the Staff Regulations and Rules or arising from the principles of natural justice). Where the breach is of a fundamental nature, the breach may of itself give rise to an award of moral damages, not in any punitive sense for the fact of the breach having occurred, but rather by virtue of...

Receivability: The Tribunal concluded that MEU had taken a rather restrictive view of the nature of the Applicant¡¯s request when it deemed it to be irreceivable. While it cannot be disputed that the Applicant requested closure of the investigation against him, and the investigation was closed, he also listed a number of instances that, in his view amounted to ¡°violations of procedural fairness¡±. The procedural matters did not exist in a vacuum but were connected to the investigation. The closure of the investigation notwithstanding, the Tribunal found that there were still live issues that...

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

The ±¬ÁÏÍøDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the ±¬ÁÏÍø Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant¡¯s illness and the potential for disrupting patients of the JMS clinic. The...

The Tribunal found that the decision not to convoke the Applicant to the YPP in Public Information was not a separate administrative decision, since he had never applied to take that exam. The decision not to convoke him to the YPP in Administration was taken by the Central Examinations Board (¡°CEB¡±), upon appeal, on the grounds that the Applicant did not fulfill the educational requirements. The Tribunal found that that decision was null and void, since the CEB, which held its meeting by email exchanges, did not have the required quorum and the decision was made after the date of the exam...

The ±¬ÁÏÍøDT noted that in her 2011 and 2012 ePAD (performance document), the Applicant had received positive ratings, and that the 2013 ePAD was never finalized. The applicable performance management system (PAMS) requires the finalization of the ePAD in case of non-renewal of appointment for reasons related to performance. Accordingly, since ±¬ÁÏÍøHCR had failed to follow its rules with respect to performance evaluation and performance management, including mediation protocols, and, furthermore, the ¡°alternative¡± process followed by ±¬ÁÏÍøHCR did not provide an equivalent standard of safeguards...

Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.

±¬ÁÏÍøICEF had made the Applicant applying and being selected to a ±¬ÁÏÍøICEF vacant post a condition for his return. The Tribunal found that by imposing such a condition to the Applicant¡¯s return, ±¬ÁÏÍøICEF violated the terms of his secondment, under which the Applicant retained ¡°rights to employment¡± in the releasing organization (i.e., ±¬ÁÏÍøICEF). Compensation in lieu of rescission: although the chain of events lead to ending the Applicant¡¯s permanent appointment with ±¬ÁÏÍøICEF, this was not the direct consequence of the contested decision, i.e., conditioning the Applicant¡¯s return to ±¬ÁÏÍøICEF service after...

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...