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The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

Selection process: According to the APPB Procedural Guidelines, the APPB may recommend to the High Commissioner an eligible candidate who has not necessarily been proposed by the manager and the High Commissioner, in the exercise of his discretionary power, is not obliged to endorse the APPB recommendation and may appoint a staff member to a post provided s/he is eligible and her/his candidacy has been examined by the APPB. In the case at hand, the Applicant was not recommended by the Representative and this is the main reason for his non-appointment. The Tribunal has only a limited role in...

Receivability: Since the Applicant was a staff member of ±¬ÁÏÍøOG when the contested decision was taken, it indeed affected his terms of appointment. The Tribunal is thus competent to examine the case in accordance with article 2.1 of its Statute. Selection procedure: ±¬ÁÏÍøHCR based its decision on the advice of ±¬ÁÏÍøDSS which did not grant clearance to the Applicant¡¯s candidacy. However, ±¬ÁÏÍøHCR was not compelled to follow the advice of ±¬ÁÏÍøDSS concerning the candidacy of the Applicant because this practice is not codified in any legal text of regulatory character. Hence, the contested decision is illegal...

The application was withdrawn by the Applicant.

The Tribunal, noting that the Applicant had failed to comply with the time limit set out in former staff rule 111.2(a), focused solely on whether there were ¡°exceptional circumstances¡± to warrant a waiver of the time limit. The Tribunal found that the Applicant¡¯s mere assertion that she was unable to follow-up and was incapable of submitting a reasoned appeal as a result of psychological and professional stress was inadequate to warrant a waiver of the time limits. Based on the limited submissions of the Applicant, the Tribunal was unable to establish any causal relation between her state of...

The Tribunal found that the decision of the Ethics Office had direct consequences for the rights of the Applicant so as to make it an administrative decision. Further, the Tribunal held that when a claim relates to issues covered by ST/SGB/2005/21, a staff member is entitled to certain administrative procedures, including judicial review of the administrative decision taken.

The initial decision not to confirm the Applicant to the post was taken by an unidentified person whereas only the High Commissioner has the authority to take decisions on promotions. This decision must therefore be rescinded by the Tribunal. A second decision not to confirm her to the post was taken by the High Commissioner following a recourse submitted by the Applicant to the APPB and the Tribunal must examine the legality of this decision. The ±¬ÁÏÍøHCR Representative, who decided not to recommend the Applicant¡¯s confirmation to the post, took this decision without informing her beforehand and...

The Tribunal finds that the facts on which the disciplinary measures are based were established. Judicial review of disciplinary sanctions (1): As the Applicant challenges the disciplinary measures on the sole ground that he did not commit the purported actions, there are no grounds for the Tribunal, once it has found that the facts are established, to consider whether these facts legally amount to misconduct and whether the sanctions imposed on the Applicant were proportionate. Judicial review of disciplinary sanctions (2): The circumstance that an investigation into misconduct might have...

To give full effect to the requirements of staff rule 110(4) which embodies the elements of fair process in disciplinary investigations, the preliminary investigation undertaken pursuant to the AI and any related IOM/ FOMs should be treated as strictly preliminary. The disciplinary part of the process, including the interview of the alleged offender should only occur once all the preliminary evidence has been made available to the staff member and the specific allegations against him or her have been finalised. If there is to be an interview it should properly be the last step in the...

The application was closed after the parties reached an amicable resolution.