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The Tribunal found that the selected candidate did not fulfill the requirement of fluency in French hence his selection was illegal, despite his status as a roster candidate. It further noted that since the Administration had not examined the other candidates, including the Applicant, the latter¡¯s right to full and fair consideration was violated. The Applicant had only requested the rescission of the decision not to select her, without requesting the rescission of the decision to select the successful candidate. The Tribunal rejected the Applicant¡¯s request for rescission and merely ordered...

Estoppel - It was argued on behalf of the Respondent that the Applicant has waived or is estopped from enforcing his right to challenge the contested decision since at the Applicant¡¯s request, the Administration in good faith deferred the effective date of termination of his appointment to enable him to acquire a pension benefit. Given the circumstances of this case, the Applicant had neither waived nor was he estopped from enforcing his rights to challenge the contested decision. The principles of waiver and estoppel will not apply in such a case to deny an Applicant from enforcing his legal...

The Respondent claimed that the appeals with the ±¬ÁÏÍøDT were filed out of time and were not receivable. 42 of the requests for management evaluation were filed on 19 March 2013 and a response from the MEU was emailed to the legal representatives for the Applicants, cc¡¯ing each of the Applicants, on 9 April 2013. The legal representatives for the Applicants submitted that he never received the email resulting in him appealing the contested decision on day 90 (17 July 2013), following the expiry of the 30 day period for the MEU to send them a decision (19 April 2013). The Respondent submitted that...

Management Evaluation - It was held that the Management Evaluation Unit (MEU) and the Tribunal operate on different deadlines and receivability thresholds and that the Tribunal cannot be bound by the findings of the MEU regarding the receivability of a case. Receivability - The Tribunal found that in this case, the entire 26 month period during which the Applicant was estranged from the Organization formed part of the same continuum punctuated by different contradicting decisions all of which centered on the singular issue of abuse of authority. Given the continuous nature of the Applicant¡¯s...

The Tribunal concluded that: (a) the selection process for the post of D/ACGSD was not handled correctly and lawfully due to apparent bias on the part of the ASP and that he suffered prejudice/damage as a result; and (b) the Applicant was not the victim of harassment and discrimination in relation to this case. Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. The Tribunal concluded that the Advisory Selection Panel (ASP) in the present...

The Tribunal noted that for an application to be receivable, the decision that is being challenged has to be an ¡°administrative decision¡± under the provisions of the Tribunal¡¯s Statute. In the present case, the abolition of the post at stake had not yet been formally approved by the United Nations General Assembly. The Tribunal found that the mere proposal to abolish a post does not constitute an ¡°administrative decision¡±, because it does not produce ¡°direct legal consequences¡±. Therefore, and since the Applicant did not challenge an administrative decision, the Tribunal decided that her...

The Respondent objected to the receivability of the application. The ±¬ÁÏÍøDT found the case receivable and directed the parties to attempt informal resolution of the matter.

The Tribunal finds, inter alia, that the Applicant¡¯s act of altering the number of hours he had worked without the authorization of his first reporting officer amounted to inexcusable alteration of official documents and material misrepresentation of facts. The principle of proportionality means that an administrative action should not be more excessive than is necessary for obtaining the desired result. The requirement of proportionality is satisfied if a course of action is reasonable, but not if the course of action is found to be excessive.

Legitimate expectation: While a legitimate expectation can be created by an express promise on the part of the Organization, the Tribunal held that a promise can also be implied from the particular circumstances of a case or from what is held out to an individual. The Tribunal concluded that the Applicant did not have a legitimate expectation of renewal. Performance appraisal: When a staff member is given a rating indicating that he/she meets most expectations but that there is room for improvement, there is an implicit undertaking by the Administration that the staff member will be allowed to...