±¬ÁÏÍø

Receivability: Although the applicant accepted the assignment, this does not mean that all decisions taken by the Administration with respect to the applicant must be deemed correct and lawful. The Organization¡¯s decision to base its calculation of the applicant¡¯s salary on her net income constitutes an administrative decision affecting her contractual right to proper remuneration and the case is therefore receivable. Salary calculation: ST/IC/2007/24 and ST/AI/2000/1 articulate that all G-level staff will be receiving an SPA to the P-2 level. Pursuant to provisional staff rule 3.10(d), the...

There was sufficient material before the Secretary-General, after a fair and impartial investigation, to reach a finding of serious misconduct. The sanction of summary dismissal was fair and proportionate to the seriousness of the offences. The applications are dismissed.

Outcome: The application is not receivable. A consideration of the merits also would have found it to be rejected in its entirety as no retaliatory motivations were established.

The application for deferral of judgment pending the outcome of the appeal is refused. The Respondent is to appoint an official of at least the rank of USG to consider afresh the complaints of the Applicant in respect of the conduct of the SG. The official is to launch an investigation, as appropriate, under staff rule 10.1 if it is reasonable to suspect that the SA acted in such a way as to justify the imposition of a disciplinary measure.

Accountability referral: the USG¡¯s conduct in dealing with the complaint of the Applicant and in giving evidence to the Tribunal is referred to the SG for...

Outcome: The application was held to be out of time. The Tribunal did not find this case to be exceptional. The application was dismissed.

±¬ÁÏÍøDT held that the decision not to select the Applicant was appropriately reviewed by the JAB panel and therefore proper. ±¬ÁÏÍøDT held that the requirement of relevant experience was appropriate and necessary for this particular vacancy and that the selection process was conducted in a proper manner. ±¬ÁÏÍøDT held that the JAB panel addressed the appropriate legal principles and that, in applying those princples to the facts of the case, it asked the correct questions and considered the appropriate authorities. ±¬ÁÏÍøDT held that the Applicant failed to satisfy it that there was any material irregularity...

In this case the initial inquiry was inadequate and affected by bias. Outcome: Applicant awarded USD20,000 for breach of contractual right. Parties directed to make submissions as to whether ST/AI/371 is still operative or has been implicitly appealed by ST/SGB/2009/7. Further hearing to decide as to whether USG¡¯s conduct should be referred to the SG for possible action to enforce accountability pursuant to art 10.8 of the ±¬ÁÏÍøDT Statute.

Prima facie unlawfulness: The Tribunal found in Villamoran ±¬ÁÏÍøDT/2011/126, that the mandatory 31-day break in service for staff between their fixed-term and temporary appointments, if not supported by law, is prima facie unlawful. The Respondent was ordered to provide evidence to support the decision but failed to do so. The evidence submitted neglected to show the publication date or the precise method of publication of the revised administrative instruction. The Administration has an obligation to properly announce amendments to Staff rules and regulations for decisions to be proper and made...

At this stage, the Applicant¡¯s allegations are assertions that are not adequately supported by evidence. Outcome: Dismissal of the application.

Compensation for stress and anxiety The Applicant produced medical evidence of stress and anxiety. The Tribunal finds that this aspect of the claim is made out. Also, the actions of Mr. Stephen Lieberman, Chief Administrative Officer, described in the Tribunal¡¯s Judgment on liability, were high-handed and grossly disproportionate and the attempt at misleading both the JAB and JDC panels, as well as Counsel for the Respondent and the Tribunal in the present proceedings, constitute aggravating factors which the Tribunal finds heightened the distress experienced by the Applicant. In arriving at a...