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The Tribunal found that the decision to abolish the post of Senior Child Protection Officer in Darfur, Sudan is not subject to judicial review. That aspect of the application was non-receivable ratione materiae. The Tribunal found that the Administration did not act unlawfully by not renewing the Applicant¡¯s contract because the contract itself was clear that it was expiring on 31 December 2018. Fixed-term contracts carry no expectation of renewal.

The Tribunal found the application receivable because: 1)Although the Applicants, who were self-represented, referred to and addressed some of the findings in the management evaluation response at section VII of their application, the applications were evidently not directed at the Management Evaluation Unit response but rather at the decision not to renew their appointments beyond 30 June 2019. 2)The 5 April 2019 notice was not unambiguous and the non-extension decision may have been interpreted as conditioned upon the future General Assembly resolution on the budget. The communication dated...

With regard to GJO No. 425940, the Tribunal found that the Applicant had been notified on 19 February 2014 that his application had been unsuccessful. The Applicant did not request management evaluation of that decision until over four years later. Consequently, the Tribunal held that the claim relating to GJO No. 425940 was not receivable ratione materiae and it was dismissed. For GJO No. 76109, the Tribunal held that the Applicant had not satisfied his burden of proof to show through clear and convincing evidence that the Administration did not give his candidacy fair and adequate...

The Tribunal found that neither JA nor TA were refugees, or beneficiaries of ±¬ÁÏÍøHCR assistance or fell within the prohibitions stipulated in staff rule 1.2(e). The Tribunal did not agree with the Respondent that unsubstantiated and scandalous allegations made against a staff member are conclusive evidence that the staff member was responsible for the reputational damage caused thereby to the Organization. The Applicant had no control over what the media chose to report. Hence, ±¬ÁÏÍøHCR basing its decision on these facts was unlawful as they were extraneous to the case at hand and irrelevant. The...

The Tribunal found that the Respondent had shown and the Applicant had not disputed through clear and convincing evidence that all relevant regulations, rules, administrative issuances and policies were complied with in considering the Applicant¡¯s medical entitlements. There was no administrative decision carrying direct legal consequences on the Applicant¡¯s terms of appointment or contract of appointment to adjudicate on, since subsequent to filing the application on 24 September 2018, the Applicant¡¯s claim were fully satisfied in November 2019. The Respondent having rescinded its decision...

The Tribunal found the Respondent¡¯s explanation for extending the Applicant¡¯s FTA for one month plausible. It thus held that the impugned decision was not unlawful.

The Applicant¡¯s appointment was not renewed due to her own requests to leave prior to the end of her four-year rotation in that position. The record shows that the Applicant was well aware of the reasons for the non-renewal of her position and would have understood the contents of the notification letter related directly to her requests to Director and Deputy Director to leave her position. The record clearly demonstrates that the Applicant¡¯s post was advertised due to her request to leave ±¬ÁÏÍøDP Guyana prior to the end of her four-year rotation. The Applicant cites no impropriety in the...

The Tribunal held that the Applicant had successfully rebutted the presumption of regularity and proved with clear and convincing evidence that his non-selection was based on improper motive.

Receivability The Tribunal found that the second communication from the ABCC, not the first communication, constituted the notification of the contested decision since it clearly indicated that the ABCC reviewed the Applicant¡¯s additional requests and rejected them. The Tribunal found that subsequent communications between the ABCC and the Applicant did not reset the statutory deadline as they were the reiteration of the contested decision. The application was timely filed and receivable. The claim of negligence was already adjudicated in the earlier judgment and therefore is not receivable as...

The Applicant¡¯s claims of ulterior motive are unsubstantiated. The preferential consideration of female candidates only applies when women are under-represented according to sec. 3(c) of the memorandum from the Secretary-General of 11 February 2019 on the implementation of ST/AI/1999/9 (Special measures for the achievement of gender equality). The evidence shows, however, that women are not under-represented in the relevant unit. Therefore, the Applicant was not entitled to preferential consideration due to her gender. The Administration has shown that the applicable procedure was followed...