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The Tribunal found that none of the alleged flaws was substantiated.

The Tribunal found that a fundamental procedural flaw had occurred since the same staff member had fulfilled the roles of both the Applicant¡¯s first and second reporting officers. However, no financial compensation was warranted, as the Applicant did not demonstrate that he sustained any material or moral damage stemming from this breach.

Was the decision based on properly promulgated legal instruments or other issuances?

The primary and binding legal instrument is ST/SGB/2009/10, to be read together with the Guidelines made thereunder. It is not for the decision-makers to operate outside the strict terms of the primary legal instrument by explicit or tacit agreement to adopt a rule of practice or procedure that is not in strict compliance with ST/SGB/2009/10 and its guidance. Above all, those making recommendations or decisions must be guided by the Organization¡¯s policies as reflected in properly promulgated administrative...

The Tribunal found that although the requirements under the Policy and Procedures on Assignments and Promotions (¡°PPAP¡±) with respect to the level of detail/content of the minutes of the deliberations of the Senior Assignments Committee were only minimally met, this did not invalidate the selection process. The evaluation of both the Applicant and the successful candidate was made against the criteria as contained in the job description, based on the candidates¡¯ respective fact sheets, and not on any wrong assumptions or errors. The Tribunal found that the Applicant received full and fair...

Receivability - The Application was found to be manifestly inadmissible. The Dispute Tribunal does not have the jurisdiction to revise a judgment after the Appeals Tribunal has ruled on the same matter. The request filed by the Applicant did not fulfil the statutory requirements and constituted, in fact, a disguised way to attempt to re-open the case. Abuse of Process - Article 10.6 of the Statute of the Dispute Tribunal stipulates that where a party has manifestly abused the proceedings before it, costs may be awarded against the offending party. The Tribunal found that the Applicant had...

Receivability: The wording of both staff rule 11.2(c) and 11.2(d) is identical in its use of the words ¡°calendar days;¡± and if [¡­] the Rules are clear for the staff member they should be equally clear for the Secretary-General.When it comes to the interpretation of identical legal provisions that regulate the same situation there cannot be different interpretations depending on the administrative convenience of the Organization or those who head specific sections of the Organization.MEU must have regard to the provisions on the computation of time in the rules governing the Tribunal. The...

The Tribunal deemed that it was established that in October 2013, the Applicant, a staff member of ±¬ÁÏÍøHCR in Turkey, had travelled to Syria in her capacity as a member of a delegation of the Women International Democratic Federation, responding to an invitation received from the Syrian Arab Republic General Women Union. During that visit, she attended a meeting with the President of Syria during which she handed him a flag with the words ¡°Do not yield¡± in Turkish. A picture of that encounter was taken and published in a Turkish online newspaper. The Tribunal considered that in view of the clear...

The Application was rejected on the merits.

Hence, the pre-requisite of seeking management evaluation prior to filing an application before the Tribunal was not met. While, in an earlier management evaluation, the Applicant contested the decision not to advertise any posts of Russian Translator, P-3 at ±¬ÁÏÍøON, even assuming that this management evaluation covered the decision impugned in the application, the latter was not filed within the statutory 90-day time limit as from the receipt of the reply to this earlier management evaluation request.

Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.