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Outcome: Judgment for the Applicant. The parties were ordered to attempt to resolve the issue of appropriate relief, failing which it would be considered by the ±¬ÁÏÍøDT. The ±¬ÁÏÍøDT found that the requirement to take a break in service was unlawful and did not reflect the true facts as no actual break in service or separation took place. The ±¬ÁÏÍøDT found that there was no legal requirement for the Applicant to be placed on appointment of limited duration between 5 and 30 June 2009, and the decision to give her an appointment of limited duration was manifestly unreasonable and therefore unlawful. The...

Outcome: The application was rejected. The ±¬ÁÏÍøDT made the following findings: The preliminary fact-finding investigation was initiated properly, but was flawed, because the Applicant was not re-interviewed or given the opportunity to answer the allegations of sexual harassment in writing after the full scope of allegations became known to the investigation panel. However, these flaws did not vitiate the contested decision as they were cured in the process that followed. The findings of the fact-finding investigation report and the accompanying documents justified the decision to initiate formal...

The Tribunal is satisfied that since the Post was advertised well before the expiry of the roster on which the successful candidate¡¯s name was included, the successful candidate was eligible to be selected from the roster andthe decision to select him from the roster was, hence, proper. The Tribunal finds that as a roster candidate the Applicant should have been informed by the hiring manager within 14 days after the selection decision was made in writing. The Tribunal finds that even in the absence of a clearly stated timeframe for notifying applicants who have been eliminated prior to the...

The Tribunal found that the Assistant Secretary-General had conducted a fair review and had not merely rubber-stamped the Executive Secretary¡¯s recommendation and that some of the allegations appeared well-founded so that in principle consideration of administrative leave was not improper. However, the feasibility of redeployment was not properly considered by the Executive Secretary, who had informed the ASG that there were no suitable posts available and that it would in any event be costly to redeploy the Applicant. In fact it appeared that there was a post available, to which the Applicant...

The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...

When the Tribunal is requested to exercise its jurisdiction under articles 2.1(c) and 8.2 of its Statute, the Tribunal¡¯s competence is limited to verifying whether the agreement reached through mediation has been implemented.Outcome:

Administrative decision: The essential element of an appeal is that there is a contested and appealable ¡°administrative decision¡±. ¡°Conduct¡± is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal¡¯s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant¡¯s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to...

On the score of prima facie unlawfulness, having considered the facts of the case, the Tribunal held that everything pointed to a suspect reason for the non-renewal of the Applicant¡¯s contract. The Respondent did not give a clear reason for non-renewal, even after the Applicant specifically requested for it. The Tribunal, thus concluded that the decision not to renew the Applicant¡¯s contract was prima facie unlawful. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant¡¯s contract was to expire on 29 February 2012. The Applicant had...

Outcome: The application was rejected. The ±¬ÁÏÍøDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The ±¬ÁÏÍøDT therefore found that the decision not to renew the Applicant¡¯s temporary appointment was not unlawful.

Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General¡¯s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...