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The Tribunal found that the Applicant failed to submit a management evaluation request in a timely manner.

The Tribunal found that the letter of 9 June 2015 constitutes, in essence, merely the implementation of the earlier decision to separate the Applicant from the Organization for reason of post abolition. The termination of the Applicant¡¯s appointment was already adjudicated by Judgment Seyfollahzadeh ±¬ÁÏÍøDT/2015/037, affirmed by the Appeals Tribunal in its Judgment Seyfollahzadeh 2016-±¬ÁÏÍøAT-620. The Tribunal thus found that the matter was res judicata, and rejected the application. Res judicata: If a termination letter constitutes the mere implementation of an earlier decision to terminate the...

In the Applicant¡¯s view, the Hiring Manager¡¯s alleged favoritism of the candidate finally selected was evidenced by the 19-month delay in advertising the post and a change in the standard language of the experience requirements, without which the successful candidate would have been ineligible. However, the evidence showed that said factors did not have a significant impact on the candidate¡¯s eligibility. Moreover, the slight lowering of the experience criterion was not originated by the Hiring Manager and, while he delayed the advertising he did so to ensure his alternative employment in case...

The ±¬ÁÏÍøDT found the application irreceivable in respect of one position due to the Applicant¡¯s failure to file a request for management evaluation within the applicable time limit. With respect to the remaining three posts, the Tribunal found that the decision not to select the Applicant for the position of Chief of Section (Procurement of Services) was unlawful, and that the other two selection decisions were not. Consequently, the Tribunal rescinded the decision not to select the Applicant for the position of Chief of Section (Procurement of Services), set the amount of alternative...

The Tribunal found that after a first positive evaluation in 2012, the Applicant¡¯s first reporting officer had put the Applicant on notice in respect of what she perceived as shortcomings in the Applicant¡¯s performance, at the beginning of the performance cycle 2013/14. It found, however, that the Rebuttal process was marked by serious procedural flaws and ruled that the final decision on the rebuttal, confirming the Applicant¡¯s PAS rating for the cycle 2013, was illegal and could not stand. Therefore, and since the decision not to extend the Applicant¡¯s appointment beyond 30 June 2014 was...

Investigations in disciplinary proceedings - Investigators should obey the paramount considerations of fairness, detachment and scrupulous objectivity. Evidence of bad character or disposition to establish that show that an individual being investigated has a propensity to commit an act of misconduct should not be relied on unless a past act of misconduct is also part of the investigation. Such evidence cannot lightly be invoked or presented in a court of law and it should not influence the findings of an investigator or those whose responsibility it is to initiate disciplinary proceedings...

±¬ÁÏÍøDT held that the conduct of the Acting Chief of Mission Support and the Applicant¡¯s direct supervisor constituted an abuse of authority in their treatment of the Applicant. Given the gross injustice meted out to the Applicant by her managers, ±¬ÁÏÍøDT awarded her compensation representing twelve months' net base salary. ±¬ÁÏÍøDT awarded the Applicant three months¡¯ net base salary as moral damages. ±¬ÁÏÍøDT awarded the Applicant USD5,000 for the unfair treatment at the hands of her managers. ±¬ÁÏÍøDT noted that the two managers literally destroyed the Applicant¡¯s career and made decisions in clear breach of...

Provision of adverse material to the Applicant: The Tribunal noted that the ABCC had information before it that was adverse to the Applicant¡¯s claim when it reached its recommended decision but did not disclose to the Applicant. The Tribunal concluded that the Applicant should have been given the opportunity to see and comment on the adverse material. In failing to afford him this basic right the ABCC violated the principles of natural justice and audi alteram partem. Service incurred injury: The Tribunal concluded that it was not within the competence of the MSD medical advisor to provide...

The Dispute Tribunal found that the contested decision was lawful and rejected the application. Application of ST/AI/2010/5 on Performance Management and Development System: This administrative instruction does not apply to ±¬ÁÏÍøFPA, which is a separately administered fund, as it has not explicitly accepted its applicability, as per ST/SGB/2004/9 on Procedures for the promulgation of administrative issuances. Obligation to provide an opportunity to improve performance prior to non-renewal: Absent any specific provision in the applicable rules, the Organization has no legal obligation to take any...

Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has requested management evaluation, where required. Failure to file a request for management evaluation prior to filing the application makes the latter irreceivable, ratione materiae.