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The Tribunal finds no flaws in the procedure leading to the dismissal of the Applicant. It further finds, based on its assessment of the intern¡¯s credibility and on the evidence available, that the facts have been established. It also concludes that they qualify as misconduct, even though the Respondent erroneously relied on ST/SGB/2008/5; the latter was indeed issued on 11 February 2008 and was therefore not applicable at the time of the misconduct. Finally, the Tribunal, recalling the Secretary-General¡¯s discretion in disciplinary matters and considering the circumstances of the case, finds...

Outcome: The Applicant¡¯s claim relating to the non-renewal of contract was not receivable (time-barred) and his claim for reimbursement of salary was rejected for lack of evidence. The Respondent was ordered to remove the note from the Applicant¡¯s file and pay the Applicant six months¡¯ net base salary for the breach of due process rights and the effect of the note on his career.

The Tribunal found the application irreceivable ratione termporis, considering that, for the purpose of former staff rule 111.2(a), the Applicant was duly notified of his non-selection by the email of 5 June 2009, and that subsequent communications were merely confirmative. Notification of non-selection decision: Former staff rule 111.2(a) did not require that a decision must be communicated in any specific manner, except that it must be in writing. Confirmative decisions: A decision which merely confirms a previous one may not be appealed and it does not reopen the time limit for formal...

±¬ÁÏÍøDT held that the impunged decision was prima facie unlawful. ±¬ÁÏÍøDT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. ±¬ÁÏÍøDT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant¡¯s filing of his application was prompt and...

The Initial Reprimand. The provisions of ST/AI/292 and the doctrine of audi alteram partem were not observed in that the Applicant was not afforded an opportunity to see and to comment on the reprimand before it was issued for which reason he had no opportunity to comment on it in advance. The Reinstated Reprimand. The Tribunal identified the following difficulties with the Reinstated Reprimand: (1) as with the Initial Reprimand, the Applicant was not permitted to see and to comment on the Reinstated Reprimand in accordance with ST/AI/292; (2) the rules and regulations of the Organization...

±¬ÁÏÍøDT considered that, in the circumstances of the Applicant having informed ±¬ÁÏÍøDTthat he will not file an application because ±¬ÁÏÍøDT lacks jurisdiction in this matter, the proceedings have been abandoned. ±¬ÁÏÍøDT cloased the case for want of prosecution.

Receivability/administrative decision: Preliminary decisions such as the choice of an appropriate basis for a staff member¡¯s performance appraisal do not have direct legal effects on his/her rights. They can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member¡¯s performance appraisal.Delegation of authority: A delegation of authority should not be guessed at or presumed. It must precede the taking of a decision and is not synonymous with retrospective rubberstamping.Classification of posts/generic job profiles: Section 2.2 of ST...

The fact that OSLA counsel have fulfilled in the past other functions within the Organization does not generally disqualify them from discharging their new duties. Outcome: Application rejected on the merits

The Tribunal rejected the application, as the Applicant had failed to observe the (then) statutory two-month time limit to request administrative review. It considered that the Administration¡¯s response of 3 June 2009 was sufficiently clear to amount to an administrative decision open to appeal. Subsequent denials by the Administration were only confirmative decisions. Moreover, the Tribunal may not waive the time limits for management evaluation and the entry into force of new Staff Rules on 1 July 2009 did not modify these limits. Confirmative decisions: When a staff member has submitted...

On 31 December 2010 the Tribunal granted suspension of action pending management evaluation, pursuant to Order No. 338 (NY/2010). ±¬ÁÏÍøDT held that it was evident that the decision not to renew the Applicant was influenced by at least some improper considerations that, as a result, it was satisfied of the prima facie unlawfulness of the decision. ±¬ÁÏÍøDT also held that the situation held particular urgency. ±¬ÁÏÍøDT further held that, given the criticisms made of the Applicant¡¯s performance, it was reasonable to conclude that if the contested decision was not suspended, irreparable harm to the Applicant...