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The parties disagreed as to the date the contested decision was notified to the Applicant and the Tribunal had to determine which of the communications triggered the running of the 60-day time limit to request management evaluation.; It was uncontested by the Applicant that he was informed, unequivocally, by his manager on 28 October 2015, that his contract was going to be terminated effective 31 January 2016 and that he was being placed on special leave with full pay as of 1 November 2015. He was also unequivocally informed on that date that he would no longer have access to his emails and...

It is within the Administration¡¯s discretion to reassign a staff member to a different post at the same level. Such a reassignment is lawful if reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. The responsibilities must correspond to the level, the function must be commensurate with the staff member¡¯s competence and skills and the staff member must have substantial experience in the field. An Organization has to act fairly, honestly, justly and transparently towards a staff member. If an Organization offers a staff member a...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant¡¯s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant¡¯s contract, constitutes a separation...

The application is not receivable. The Applicant, as a staff member at the relevant time period, had a right to be fully and fairly considered as part of the terms of his former employment. Since the Applicant decided not to apply for JO 41653 in the belief that the post in question would be abolished according to the budget proposal for OICT, the question is whether he is entitled to a review of the contested decision despite his decision not to apply for the job opening. It is not disputed that the budget proposal for OICT was not adopted at the time of the publication and closing of JO...

The Applicant¡¯s actions were reasonable and in accordance with her obligation to carefully verify the cost of administrative services, procurement and logistical support, since all the costs were supported by ±¬ÁÏÍøAMI, in order to ensure that all the provisions of the OIOS Audit Manual were respected. There was no concrete negative result on the planned audit resulting from the annulment of the first MOP and that the Applicant¡¯s actions, which she was taking in her capacity as CMS in ±¬ÁÏÍøAMI, consisting in a careful review of the alternative means to a face-to-face visit which could have resulted...

The claim the Applicant filed on 27 March 2013 was out of time and subject to the Secretary-General¡¯s discretion excercisable ¡°in exceptional circumstances¡± because she did not submit the claim within four months of knowledge of the injury as required by art. 12 of Appendix D. With respect to the existence of exceptional circumstances, the ABCC disregarded evidence and information provided by the Applicant regarding her medical condition which impeded her ability to direct her attention to the claim for service incurred injury. The ABCC did not consider these reasons, apportion appropriate...

From both the testimonies and the documentary evidence before the Tribunal, it found as established that the dire financial situation at ±¬ÁÏÍøDP KCO, as it related to the ¡°11888 fund¡±, was the reason for the non-renewal of the Applicant¡¯s contract. The Applicant did not produce any evidence allowing the Tribunal to conclude that at the time of the contested decision, the ¡°11888 fund¡± still had funds to allow the Organization to renew her contract. While it is not contested that an incident occurred during the mission to Rwanda in 2014, the Tribunal does not find that the testimonies and...

The Tribunal dismissed the application as not receivable. The Tribunal found that the Applicant was a staff member of ±¬ÁÏÍøRWA and contested a decision that was taken by that agency. ±¬ÁÏÍøRWA did not fall under the jurisdiction of the ±¬ÁÏÍøDT nor did the Applicant fulfil the requirements of arts. 2.1(a) and 3 of the Statute of the ±¬ÁÏÍøDT. He therefore had no locus standi to challenge a decision of ±¬ÁÏÍøRWA before the Tribunal.

Receivability. The Applicant took no action to challenge the payment made to his wife, and the collection that would necessarily follow, within the 60 day period provided for in Staff Rule 11.2. At the time of submitting his request for management evaluation on 23 June 2017, the said deadline had experide several months ago. The Tribunal finds therefore concluded that the application is irreceivable rationae materiae (Egglesfield 2014-±¬ÁÏÍøAT-402) concerning the recovery by the Administration of the payment of EUR 7,000 made to the Applicant's wife. The application is also irreceivable rationae...

The issue of disclosing an investigation report is not new. It was, in fact, considered by this Tribunal in its judgments Adorma ±¬ÁÏÍøDT/2010/205 and Haydar ±¬ÁÏÍøDT/2012/201 as well as by ±¬ÁÏÍøAT in judgment Ivanov 2015-±¬ÁÏÍøAT-519. In the latter, ±¬ÁÏÍøAT entered into consideration of the non-disclosure of an investigation report despite the fact that the Secretary-General had questioned the ±¬ÁÏÍøDT¡¯s jurisdiction over such a decision. The Organisation¡¯s obligations as stipulated in ST/SGB/2008/5 are an integral part of a staff member¡¯s contractual rights. They include the obligations of the Organisation and...