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. The Applicant claimed that the reason for the contested decision was not disclosed to her until the management evaluation stage and that the reason given was not supported legally or factually. The ±¬ÁÏÍøDT found that ±¬ÁÏÍøICEF was obliged to provide the Applicant with a reason for the non-renewal of her contract when she requested it. The ±¬ÁÏÍøDT found that according to the performance ratings provided prior to the non-renewal of the Applicant¡¯s contract, her performance, as a matter of law, cannot be regarded as unsatisfactory based on secs. 5.2 and 10.2 of CF/AI/2010-001 (Administrative instruction...

Of the 153 candidates who applied for the post, five were roster candidates, i.e., candidates from a roster of previously pre-approved candidates who participated in a prior selection exercise but were not selected. Only roster candidates were considered and one of them was selected. Non-roster candidates, including the Applicant, were not reviewed. The ±¬ÁÏÍøDT found that the advertised position was not a generic job opening but a position-specific job opening. The ±¬ÁÏÍøDT found that an automatic appointment of a roster candidate to a position-specific job opening without a selection process that...

Of the 128 candidates who applied for the post, three were roster candidates, i.e., candidates from a roster of previously pre-approved candidates who participated in a prior selection exercise but were not selected. Only roster candidates were considered and one of them was selected. Non-roster candidates, including the Applicant, were not reviewed. The ±¬ÁÏÍøDT found that the advertised position was not a generic job opening but a position-specific job opening. The ±¬ÁÏÍøDT found that an automatic appointment of a roster candidate to a position-specific job opening without a selection process that...

An ¡°effective remedy¡± under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

Harassment: The Tribunal held that the Applicant¡¯s actions in sending caustic emails and nude photographs of Ms. M, a MONUC staff member he had dated, to other United Nations staff members at their official United Nations email addresses and to their private email addresses constituted harassment within the meaning of ST/SGB/2008/5 in that the emails sought to belittle, humiliate and embarrass Ms. M and to compromise her reputation in a professional context. Proportionality of the sancton: The Tribunal held that the sanction was proportionate due to the fact that the Applicant¡¯s conduct on...

The Respondent submitted that the application was not receivable because, in regard to the initiation of an investigation against the Applicant, the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. Furthermore, the Applicant had been granted appropriate interim relief in relation to the alleged denial of her request to be granted an appropriate transfer or paid administrative leave. The Tribunal found that the Applicant¡¯s appeal against the decision to conduct an alleged ¡°secret and retaliatory¡± investigation was receivable, but dismissed the...

The Respondent submitted that the application was not receivable because the Applicant¡¯s appeal was time-barred and did not concern a contestable administrative decision. The Tribunal found that the Applicant¡¯s appeal was receivable.

The Applicant applied for a P-3 level temporary position advertised in October 2011. As part of the selection process, he was required to sit a written test. However, the Administration refused to accept his answers to the test on the basis that they were submitted after the specified deadline, which the Applicant disputed before the ±¬ÁÏÍøDT. The ±¬ÁÏÍøDT found that the application was time-barred as the Applicant filed it more than eight months after the expiration of the applicable time limit for filing with the ±¬ÁÏÍøDT and that the Applicant failed to provide an adequate basis to support a finding of...

The Applicant specifically submits that the staff rules state that ¡°[c]ontinuity of service shall not be considered broken by periods of special leave¡± and the Respondent may not therefore deny his eligibility on the ground that his six months of special leave without pay resulted in him not having been employed for a continuous period of five years The ±¬ÁÏÍøDT rescinds the contested decision and finds that the Applicant is eligible for consideration for permanent appointment.

Improper motives: The Tribunal held that the non-renewal of the Applicant¡¯s contract was motivated by improper motives in view of the fact that: (i) the Applicant¡¯s relationship with the ±¬ÁÏÍø Humanitarian Coordinator (HC), under whose leadership the Applicant was working, was hostile; and (ii) the HC and the Applicant¡¯s deputy, who had unsuccessfully competed for the Applicant¡¯s post, had gone to great lengths to undermine him and to tarnish his reputation with OCHA leadership.

Performance: The Tribunal held that while the Applicant may have made mistakes, shown an excessive zeal, or may have...