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The ±¬ÁÏÍøDT found that the Applicant had already submitted these two documents along with his initial application of 19 December 2011 on which judgment No. ±¬ÁÏÍøDT/2012/045 was issued. Therefore, the Applicant cannot claim that these facts were new or that the Tribunal was unaware of them, since both documents were part of the application of 19 December 2011. The ±¬ÁÏÍøDT considered that the application for revision constituted an abuse of process for which the Applicant should bear costs of 800 USD based on art. 10.6 of the Statute of the Tribunal.

Improper motives: Whilst it is permissible for the drafters of a job opening to deviate from previously established evaluation criteria where circumstances demand it, the deviation must not be actuated by bad faith or improper motives. The Tribunal concluded that the deviation from the established criteria in this case with respect to the subject Job Opening No. 21952 was informed by the desire of the incumbent of the post with the active support of the Hiring Manager to ensure that the recruitment process in respect of the Job Opening was aborted and she was retained in service beyond the...

The Applicant¡¯s letter of appointment stated that his appointment was subject to termination in the interest of the Organization, as determined by the Secretary-General. By signing his letter of appointment, the Applicant agreed that his appointment could be terminated, in addition to the reasons stated in the staff regulations and rules, this additional discretionary clause. The Tribunal considers that the determination of the interest of the Organization is the Secretary¡¯s General exclusive attribute and the circumstances under which the Secretary-General is to determine ¡°the interest of the...

The Applicant submitted, inter alia, that as a result, his rights to free and fair elections and to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 ±¬ÁÏÍøSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not safe, then the Applicant respectfully requests the Dispute Tribunal to order new...

The Tribunal found that the decision not to grant the Applicant a permanent appointment was a reasonable exercise of discretion and the Administration¡¯s reasons for the decision were acceptable.

Selection processes: An appointing officer may decline to make an appointment where a selection process is marred by irregularities. It is within the competence of a program manager to set up a new interview panel where an initial interview panel has failed to properly discharge its mandate. While a candidate to a post has no right to be selected, he or she has every right to be fully and fairly considered for the post.Recommendation for a post is not the same thing as selection; while there is discretion in selection, there is no discretion in recommendation. Central Review Bodies: The...

The ±¬ÁÏÍøDT found that the Applicant was unable to prove that the selection process was biased against him and that the consideration of his candidacy was marred by significant errors or procedural violations that would vitiate the selection process or resulted in a failure to give him proper consideration. The application was dismissed.

MEU¡¯s decision was issued one month after the deadline for its issuance. ±¬ÁÏÍøDT held that the Applicant could not be penalized for MEU being dilatory in its obligations. ±¬ÁÏÍøDT held that this matter must properly be found to be receivable. ±¬ÁÏÍøDT refused the Respondent¡¯s request to have the Application dismissed on grounds of receivability.

The decision was taken on the grounds that the Applicant did not fulfill the educational requirements. The Applicant argued that the decision was made in retaliation of his activities as staff representative. The ±¬ÁÏÍøDT found that the decision was illegal since documentary evidence showed that the Administration applied the notion of ¡°public administration¡± randomly and that based on the Applicant¡¯s educational credentials, he ought to have been invited to participate in the examination in question. The ±¬ÁÏÍøDT found that the Applicant did not submit conclusive evidence that the decision was...

The 11 percent increase in the US Embassy salaries from June 2008 were properly factored into the calculations, but the 2010 increase fell outside the data range for the collection and consideration of data for the 2010 review. There was no evidence of ill motivation or breaches of the relevant rules and guidelines by the Administration.; The Administration did not breach any of the provisions of the Manual when it reached the decision concerning family expenditure surveys. The Office of Human Resources Management used the correct criteria for deciding if a spousal allowance should be created...