±¬ÁÏÍø

With respect to the issue of classification of the Applicants¡¯ post at the S-3 level, the ±¬ÁÏÍøDT found that the Applicants¡¯ claims regarding the Administration¡¯s decision not to proceed with their classification request were receivable. However, based on the evidence in this case¡ªincluding oral testimony as well as contemporaneous documents¡ªthe Applicants did not perform the same exact functions as their S-3 level colleagues. Accordingly, the ±¬ÁÏÍøDT found that the Administration¡¯s decision not to proceed with the classification or reclassification of the Applicants¡¯ posts at the S-3 level was...

The ±¬ÁÏÍøDT found that the ±¬ÁÏÍøON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at ±¬ÁÏÍøON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

Administrative decision: The Tribunal held that although ±¬ÁÏÍøIFEM/±¬ÁÏÍøDP subsequently took a decision to process the Applicant¡¯s separation from service in 2012, the Tribunal concluded that this was not an appealable administrative decision in accordance with article 2.1 of the ±¬ÁÏÍøDT Statute in that the Applicant no longer had a contract of employment with the Organization because he resigned from service in May 2008. Thus, ±¬ÁÏÍøIFEM¡¯s 2012 decision to finally record his separation from service did not have any direct legal consequences on him. ;}

Management evaluation: The Tribunal noted that the contested decision was notified to the Applicant on 30 June 2008 and yet he waited until 20 January 2014, more than five years after the fact, to submit a request for management evaluation. The Tribunal concluded that where an applicant fails to request management evaluation in a timely manner, the Dispute Tribunal has no jurisdiction to consider his/her application. Lastly, the Tribunal noted that even if it was minded to consider the Application, the provisions of article 8.4 of the ±¬ÁÏÍøDT Statute clearly place a bar on any such action. Costs...

The ±¬ÁÏÍøDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the ±¬ÁÏÍøON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct...

Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the ±¬ÁÏÍøON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct...

The ±¬ÁÏÍøDT found that the ±¬ÁÏÍøON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at ±¬ÁÏÍøON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

The ±¬ÁÏÍøDT found that the ±¬ÁÏÍøON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at ±¬ÁÏÍøON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

The ±¬ÁÏÍøDT found that the ±¬ÁÏÍøON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at ±¬ÁÏÍøON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...