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The panel report did not constitute a breach of the applicant¡¯s contractual rights and therefore no compensation is warranted. Such a panel is not a court and while it must be fair, it must be allowed to do its reasonable best to ascertain the facts as it thinks is right. Even though the audit was seriously flawed in significant respects, the decision as to its content is not subject to appeal to the Tribunal. Constructive dismissal occurs when the employer engages in a scheme of action which, in effect makes it so difficult for the employee to continue with his or her work, that the latter...

Jurisdiction of Tribunal: Although the Administration released the moneys to the applicant, when the jurisdiction of the Tribunal is properly engaged, the mere fact that the Administration ¡°corrects¡± the decision in question does not end the matter. The applicant is still entitled to seek a determination that the decision is unlawful and an award of compensation. Legality of withholding entitlements: The test is not guilt of the staff member but merely ¡°reason to believe¡± that they may have been grossly negligent, causing loss. This is an undemanding test, amongst other things satisfied even...

Evaluation of candidates: The record appears to reflect a careful and comprehensive examination of the claims of the various applicants. There was no problematical analysis or conclusion that suggested that the process had gone awry or was anything other than proper. Failure to notify: Sec 9.5 of ST/AI/2006/3 provides that an unsuccessful interviewed applicant should be informed by the programme that they have not been selected or rostered. This was not done. The applicant suffered no loss or additional anxiety arising out of the inappropriate and discourteous way in which she became aware of...

Article 10(5) of the Statute of the ±¬ÁÏÍøDT is silent as to how compensation to be awarded to a party is to be calculated. The Respondent submits that in such circumstances where there is a lacuna in the internal law of the organization, general principles of law provide a source of internal administrative law and should be applied. The Tribunal agrees with this reasoning and further notes that how this Article will be applied will depend on the particular circumstances of each case. The recognized heads of damage are: actual pecuniary loss; damages for procedural error and moral damages. An...

According to the available record, the applicant never received a letter of appointment and no such letter was ever signed by an authorized official. He did not, therefore, become a staff member of the United Nations within the meaning of article 3, paragraph 1, of the ±¬ÁÏÍøDT Statute. It follows that the applicant has no access to the system of administration of justice in its present state. It is noted that the General Assembly has requested the Secretary-General to investigate the option of granting access to non-staff personnel. Outcome: the application was rejected.

Since he remained a WFP staff member and pursuant to the above-mentioned Inter-Organization Agreement, the applicant never had a contractual relationship with ±¬ÁÏÍøAMID. Only WFP was in a position to render decisions that could affect his terms of appointment. Two decisions were at stake. With respect to the first (WFP decision not to treat him as a D-1), his case could not be heard before ±¬ÁÏÍøDT because WFP has recognised ILOAT as judicial review body. Concerning the second (±¬ÁÏÍøAMID decision not to appoint him as Deputy Director), the applicant is not a ¡°staff member¡± within the meaning of art. 3...

Settlement offer v. management evaluation: The respondent¡¯s settlement offer was clearly and unequivocally marked ¡°PRIVILEGED & CONFIDENTIAL FOR SETTLEMENT PURPOSES ONLY¡± (emphasis in the original). The indication ¡°for settlement purposes only¡± in block capitals at the top of the letter left no room for interpretation as to the purpose of the letter, which was not to respond to the applicant¡¯s request for a management evaluation. Inconsistency between article 8.1 (d) (i) of the ±¬ÁÏÍøDT Statute and staff rule 11.4 (a). In accordance with ±¬ÁÏÍøDT Statute art. 8.1, in order to be receivable, an...

It results from ST/AI/2002/3 that the administration is entitled not to renew the FTA of a staff member whose performance was rated ¡°does not meet performance expectations¡±, on the mere grounds of the staff member¡¯s bad performance. It further results from ST/AI/2002/3 that in case the staff member¡¯s performance was rated ¡°partially meets performance expectations¡±, the administration is obliged to apply measures which allow the staff member to improve his/her performance, before it can decide on the non-renewal of the staff member¡¯s FTA on the basis of bad performance. In the present case, the...

The applicant was the only 15-day candidate who was interviewed. Interviews of 30-day candidates took place the day following the applicant¡¯s interview. The applicant was not successful; instead, a 30-day candidate was appointed. The applicant submitted that the Administration failed to properly assess her suitability prior to considering other candidates and thus failed to follow the selection procedures applicable to 15-day candidates under ST/AI/2006/3. The respondent argued that the candidate was given priority consideration and was found unsuitable for the post. ±¬ÁÏÍøDT found that the...

Case 1. Mere knowledge of or acquaintance with one or more candidates by an interview panel member does not disqualify her or him from being on the panel. It would be otherwise if there were a personal relationship (such as family or friendship) with or personal antipathy for a candidate. The practical apprehension that objective and independent assessment will be adversely affected, quite apart from any issue of fairness, is improper. Where a panel member has another interest that could significantly affect his or her assessment, this should also require exclusion from the panel. In this case...