±¬ÁÏÍø

Economic loss: Since the applicant was due to retire at the time the selection would have been made, his economic loss was the value of the salary and emoluments of an ASG, without any adjustment for the receipt of entitlements as a D-2 Director, which is a simple calculation of the gross earnings minus deductions, plus the respondent¡¯s subsidy contributions. Any actual income he made is adjusted against this amount. Pension: The pension calculation is more difficult. Two methods of calculation are open as the Pension Fund has stated it will not recalculate the applicant¡¯s pension: the first...

The decision to remove the Applicant from the position of Rule of Law Project Manager: The ±¬ÁÏÍø Charter expects all staff members to conduct themselves in accordance with the highest standards of efficiency, competence and integrity. Further, there is implied into every contract of employment a term of mutual trust and confidence between employer and employee, which means that both parties must act responsibly and in good faith. Where the employer acts unilaterally in removing an important part of the employee¡¯s functions, the employer would have repudiated the contract of employment. The...

The Tribunal found that the evidence adduced by the respondent did not sufficiently support the charge that the applicant had not paid for three tickets issued to him by MCM and that, accordingly, the applicant should be given the benefit of the doubt in respect of this charge. About the applicant¡¯s unauthorized absences from the mission area, the Tribunal held that, taking into account the specific circumstances of the case, a dismissal was disproportionate to the offence and that a written censure would be an appropriate measure. The Tribunal found that the applicant¡¯s due process rights had...

In view of the informal resolution of the dispute, the application was withdrawn.

Section 5.5 of ST/SGB/2002/6 does not give the right to request the removal of a candidate¡¯s name from the list of recommended candidates as an alternative to a request for clarification. Therefore, the selection process was procedurally flawed which gives a right to compensation. It is not the Tribunal¡¯s competence to substitute the Administration¡¯s decision to select between suitable candidates.

The applicant, a P-3 level staff member, applied for the P-4 post of Chief of her Unit. She was not selected. It later transpired that the applicant had initially received the highest score, but her supervisors, who participated in the selection, increased the successful candidate¡¯s score. This resulted in the successful candidate being ranked higher than the applicant. The Secretary-General agreed with the finding of the Joint Appeals Board that the applicant¡¯s rights were violated and awarded her compensation in the amount of three months¡¯ salary. The applicant appealed, seeking additional...

[Case ±¬ÁÏÍøDT/GVA/2009/33] The APPC omission to inform the applicant that his supervisor had sent a letter to it concerning his employment and to share its content with him does not constitute an administrative decision within the meaning of article 2.1 (a) of the Tribunal¡¯s Statute. It thus falls out of the jurisdiction ratione materiae of the ±¬ÁÏÍøDT. The decision not to renew the applicant¡¯s contract was already taken at that point. Hence, the letter to the APPC was merely internal communication; at the highest, it could be regarded as one step in a complexe procedure. [Case ±¬ÁÏÍøDT/GVA/2009/40] The...

The recommendations made by the Chief, SSS, are not administrative decisions that can be contested before ±¬ÁÏÍøDT in accordance with article 2 of its Statute. They are not administrative decisions within the ruling in Andronov by the former ±¬ÁÏÍøAT and the recent jurisprudence of the ±¬ÁÏÍøDT. The contested recommendations are preliminary steps in the selection process in accordance with ST/AI/1999/8. The applicant had the right to contest his non-selection for a post but not a preliminary step in such process which is not an administrative decision. Outcome: The application was rejected.

The statement of the Executive Director is not an administrative decision that can be contested before ±¬ÁÏÍøDT in accordance with article 2 of its Statute. It is not an administrative decision within the meaning of the ruling in Andronov by the former ±¬ÁÏÍøAT. Indeed, the applicant did not contest the non-renewal of his appointment but a statement by the Executive Director. This statement is a simple opinion, not an administrative decision that could have affected the applicant¡¯s terms of appointment. By the time the statement was published, the applicant was already aware of the non-renewal of his...

When attempting to establish a pattern of retaliation with regard to past decisions, the question is one of the relevance of those decisions, not receivability. Whether or not the SGB on retaliation was in force at the time an act or decision took place, the act or decision can still be considered retaliatory and constitute serious misconduct. The burden on the respondent of proving ¡°by clear and convincing evidence¡± in respect of decisions made before the provision came into effect that ¡°it would have taken the same action absent the protected activity¡± (ST/SGB/2005/21) applies to decisions...