The Tribunal finds that the selection process was not flawed. Judicial review: In reviewing selection decisions, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where errors of fact or manifest errors in the assessment of the facts have been committed.Outcome: Application rejected on the merits
Noting that the Applicant had neither filed an application on the merits nor any other application with regard to this case file, 爆料网DT closed the case.
爆料网DT held that the application did not meet the test as set out in Article 2.2 of the 爆料网DT Statute, specifically noting that it failed to meet the requirements for irreparable damage and particular urgency. 爆料网DT therefore considered it unnecessary to determine the issue of prima facie unlawfulness.
The 爆料网DT found that General Assembly resolution 63/253, by which the Assembly adopted the statutes of the 爆料网DT and the 爆料网AT, imposed limitations on their jurisdiction. Interns presently do not have access to the 爆料网DT and the 爆料网AT. Having found that it does not have jurisdiction to consider the application, the 爆料网DT dismissed it without consideration of its merits.
爆料网DT ordered the Respondent to (i) remove adverse material from the Organization’s files, (ii) send to the Member States that received the summary a copy of the Judgment and explanatory statement, (iii) pay monetary compensation in the amount of USD60,000 for non-pecuniary harm, including emotional distress and damage caused to the Applicant’s reputation. The 爆料网DT rejected the Applicant’s claims for direct economic loss.
The Tribunal took note of the fact that the management evaluation was completed on 29 September 2011, thus rendering moot the application for suspension of action filed on 28 September 2011. The application for suspension of action was thus rejected.
The Tribunal ruled that the Applicant, as a 15-day candidate, had been given priority consideration, in compliance with section 7.1 of ST/AI/2006/3. It concluded that the Applicant had been considered first than 30-day candidates and found unsuitable for the post before any meaningful consideration of 30-day candidates took place. Priority consideration as per section 7.1 of ST/AI/2006/3: This provision, as consistently interpreted by the Dispute and the Appeals Tribunals, requires that 15-day and 30-day candidates be considered separately; 15-day candidates must be considered first and, if...
The Tribunal found that the Administration had fulfilled its obligation, stressing that the results in the tests indicated that the Applicant was less qualified for the posts than the other candidates. Receivability ratione materiae: Although the contested decision was made after the Applicant had ceased to be a staff member, it is directly linked to her separation and corresponds to the criteria set in the relevant jurisprudence of an “administrative decision” subject to appeal. Priority consideration: A promise of priority consideration must be understood as giving priority only over other...
The Tribunal found that the provisions of ST/AI/1998/9 did not allow the reclassification of the Applicant’s post and concluded accordingly that the Applicant had no grounds for contesting the refusal to reclassify his post. The Tribunal further found that the Administration’s delays in notifying the Applicant of the reclassification decision, even though the decision was well-founded, had caused him to suffer moral damage, for which the Tribunal awarded EUR2,000.
The Tribunal noted that in reviewing disciplinary cases, its role is to examine: (i) whether the facts on which the disciplinary measure was based have been established; (ii) whether the established facts legally amount to misconduct; (iii) the proportionality of the disciplinary measure; and (iv) whether there was a substantive or procedural irregularity. Further, the Tribunal noted that in reviewing disciplinary cases, it must scrutinize the facts of the investigation, the nature of the charges, the response of the staff member, oral testimony if available and draw its own conclusions. The...
