The Applicant had no standing to contest the modality of a further recruitment process. Absent a reviewable administrative decision, the application was not receivable with respect to the principal claim. As the administration acted within the scope of its discretion, compensation was not due.
The Applicant received the contested decision on 10 May 2022 thus, she should have requested management evaluation by 9 July 2022 but she did not do so until 13 July 2022. The application was deemed not receivable because the Applicant did not request management evaluation of the contested decision within the stipulated time limit.
Mr. Farhadi appealed. 爆料网AT dismissed the appeal. 爆料网AT dismissed Mr. Farhadi's contention that the successful candidate had not been subject to the mandatory vetting procedure. The mere indication by the Hiring Manager of the fact that “[b]oth candidates have worked with women and trade previously” under the rubric “Reference check” was not sufficient to conclude that there were no actual reference checks. 爆料网AT held that more importantly, reference checks normally take place only once the selection has been concluded, and in the present case, Mr. Farhadi was not selected. 爆料网AT found that in...
爆料网AT held that Mr. Ergüden’s decision when he elected to be on the local-currency track was irreversible unless the pre-conditions as set out in Paragraph 31(b) and 38(e) of the PAS were met. 爆料网AT held that Mr. Ergüden did not meet those pre-conditions and that, as the decision of the Standing Committee was in observance of these provisions, there was no basis to grant Mr. Ergüden the right to revert to the USD track. 爆料网AT held that there was no proper basis to compel the Chief Executive of Pension Administration to suspend Turkey from the two-track system. 爆料网AT dismissed the appeal and...
The Notice and its placement in the Applicant’s personnel file Noting that the decision at issue is a written reprimand imposed to address a staff member’s unsatisfactory conduct following an investigation of an altercation, the Tribunal considers that the decision at issue constitutes an administrative measure under sec. 2.1(d) of ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). The fact that a reprimand is not a disciplinary measure “does not mean that a reprimand does not have legal consequences, which are to the detriment of its addressee, especially...
Whether the facts on which the disciplinary measures were based have been established There is evidence that the Applicant improperly interfered with the recruitment exercise for the position of LSA Sulaymaniyah. Also, the Applicant does not dispute the fact that he did not report potential misconduct on the part of his supervisor. Accordingly, the Administration has established to the requisite standard of proof the facts on which the disciplinary measures were based. Whether the established facts legally amount to misconduct The Administration correctly determined that:
a. By moving Mr. D...
The Applicant was sanctioned for engaging in two types of misconduct: (i) sexually exploiting V01, and (ii) engaging in a misrepresentation to the Organization and a misappropriation of assets from the Organization regarding Family Emergency Leave from 22 until 27 July 2019. On whether the facts were established by clear and convincing evidence; regarding the first sanction of sexually exploiting V01, the Tribunal concluded that based on the finding that the Applicant was aware of V01’s vulnerability, the evidence that he continued to have sexual intercourse with her even at times when she had...
On the due process prong, the Tribunal concluded that the Applicant’s procedural fairness rights were respected throughout the investigation and the disciplinary process. The Applicant was interviewed by the Office of Internal Oversight Services and was provided with an audio-recording of the interview. He was provided all supporting documentation, was informed of the allegations against him, his right to seek the assistance of counsel and he was provided the opportunity to comment on the allegations; and his comments were duly considered. Accordingly, the Tribunal held that the Applicant’s...
On the due process prong, the Tribunal concluded that the Respondent had demonstrated that the investigation and the disciplinary process leading up to the disciplinary sanction were conducted in accordance with the applicable legal framework and investigation guidelines. The Applicant was interviewed and was provided with an audio-recording of the interview, and all supporting documentation. He was informed of the allegations against him and afforded his right to seek the assistance of counsel. He was provided the opportunity to comment on the allegations, and his comments were duly...
Based on the facts as presented in the application, the Tribunal determined two issues; (i) whether the Applicant was forced to retire, and (ii) whether the decision not to renew her FTA beyond 30 June 2021 was lawful. On issue one, the Tribunal held that based on the separation notice given to the Applicant dated 18 May 2021, read together with the Applicant’s letter of appointment and the evidence produced by the MONUSCO Chief of Human Resources during the hearing, there is no doubt that hers was a case of non-renewal of appointment. The Tribunal, thus, held that the Applicant was not forced...
