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The procedure for conducting investigations of allegations of harassment and abuse of authority by staff members of ±¬ÁÏÍøICEF is set out in Administrative Instruction CF/EXD/2012-007. The Applicant provided no evidence that the CF/EXD/2012-007 procedures were not complied with in relation to his case. The undisputed evidence before the Tribunal was that ±¬ÁÏÍøICEF¡¯s independent OIAI discussed the allegations with the Applicant but concluded that it did not merit a comprehensive review and was not a well-founded allegation of prohibited conduct. It proposed alternative recourse, which the Applicant...

The Tribunal was mindful of the fact that its authority to suspend or waive the time limits set forth in art. 8.3 of the ±¬ÁÏÍøDT Statute did not extend to deadlines for management evaluation. These deadlines cannot be waived notwithstanding whether the failing of the deadline would have been occasioned by confusing information received from the Administration. As provided in staff rule 11.2(c), the deadline for requesting management evaluation may only be extended by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified...

Request for management evaluation: A request for management evaluation has a precise and specific meaning in the framework of the Organization¡¯s internal justice system. It is the first step in formal contestation of an administrative decision and, as such, a mere communication conveying discontent to ¡°management¡± does not amount to a formal management evaluation request. Management evaluation is a formal process involving a request to the body specifically vested with the authority to look into a contested decision, to consider whether it conformed with the applicable rules of the...

In light of the parties¡¯ agreement, the Tribunal accordingly entered judgment as follows: a) The Applicant would be paid four months¡¯ net base salary at the level he encumbered prior to his separation from service on 9 August 2013. b) The Applicant would be paid eight months¡¯ net base salary at the level he encumbered prior to his separation from service on 9 August 2013, less the USD equivalent of EUR59,000 calculated as specified below. c) Pursuant to rule 106.5(a) of the United Nations¡¯ Financial Regulations and Rules, the operational rate of exchange, as established by the Under-Secretary...

The best interests of ±¬ÁÏÍøHCR were clearly not served by the removal of the Applicant. It is unfort±¬ÁÏÍøATe that some members of the ±¬ÁÏÍøHCR senior management sought to hide behind the veil of acting in the Organization¡¯s best interests to act in their own self-interest. The Tribunal therefore found on that score that the Respondent¡¯s explanation were a mere afterthought which was only spun to defend an action that was clearly lacking in due process and constituted an unfair and highhanded removal of the Applicant and abuse of official discretion. The Tribunal was not in any doubt that the removal of...

Full and fair consideration: In the absence of concrete, convincing evidence, the mere fact that it is possible, theoretically, to alter/tamper a written test will not suffice for the Tribunal to conclude that an Applicant¡¯s candidature was not given full and fair consideration. Also, where no one of the people involved in the administration of the test had a motive to manipulate it, the Tribunal will not find that the decision had been influenced by extraneous factors. The burden of proof in these matters lies on the Applicant. Good management practice: The Administration should take measures...

The Applicant failed to file a request for management evaluation of the nonrenewal decision within the applicable deadline. This claim was not receivable. The Applicant had in his management evaluation request of 12 July 2015 already accomplished the requirements set out in CF/EXD/2012-007 in relation to his complaints of bullying, harassment, intimidation and abuse of authority against his supervisor and the ±¬ÁÏÍøICEF Country Representative. As held in Kadri, the Applicant was entitled to a fair hearing and a fully reasoned judgment of his application. The Applicant¡¯s claims in relation to the...

The irregularities in the investigative process were egregious and warranted compensation. In addition, during the three years the investigation was delayed, the subject was no longer with the Organization, making it not possible to convene a new investigation.Relief: The Tribunal found the Applicant suffered emotional harm in having to prosecute his complaint for three years, harm to his reputation, and that such harm was demonstrated by the Applicant at trial and observed by the Judge as trier of fact. The ±¬ÁÏÍøDT found the decision of the responsible official to close the case was improper as...

Temporary reassignment: The characteristic of a temporary reassignment is its limited duration. From the outset, it is clear that it has an expiration date and that, unless renewed by a subsequent discretionary decision, it will come to an end naturally on the date specified for this purpose. The natural outcome of a temporary assignment is the staff member¡¯s return to his/her original duties. Accordingly, a staff member on temporary reassignment has no entitlement or legal expectancy to have such reassignment extended. The decision not to extend a temporary reassignment is within the...

The Respondent withdrew from the impugned decision to change the Applicant¡¯s functional title from Team Assistant to Language Assistant. Accordingly, the claim was moot at the time of the filing of the application and therefore not receivable. With respect to the decision to remove the Applicant¡¯s responsibility for the Litani magazine the Tribunal found that this claim was not the subject of management evaluation and therefore not receivability. With respect to the Applicant¡¯s reassignment, the Tribunal noted that the impugned decision entailed a change in the Applicant¡¯s place, her...