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The Applicant was informed of the decision to not renew his contract, based on the ¡°serious weaknesses in his performance¡± on 27 October 2008. Consequently, any request for administrative review of the decision to not renew his contract should have been filed within 60 days from the notification of the contested decision.The Applicant, due to the very negative review and comments contained in his PER, was on notice of the potentially inaccurate information contained therein its receipt in August 2009. The 15 June 2010 transmittal of the OIA investigation report, while potentially providing the...

Classification - There is no evidence that the procedure for a re-classification of the Broadcast Technology Officer (¡°BTO¡±) post encumbered by the Applicant in ±¬ÁÏÍøMIS was ever undertaken. As already pointed out, the Chief of radio took it upon herself to re-write the competencies of the post to which in January 2010, the Applicant had been competitively recruited before she came on board as Chief of radio, perhaps in order to make the Applicant who was encumbering the post, less eligible.

Delegated Authority - The termination decision was taken without the requisite delegated authority...

The Applicant was denied eligibility for conversion because in 2006 she had a break in service of eight days, which interrupted the continuity of her service. The ±¬ÁÏÍøDT found that the main issue in the case was whether the break in service in 2006 can be taken into account for the purpose of conversion to a permanent appointment. The ±¬ÁÏÍøDT found that the break in service that took place in 2006 shall not be taken into account because the Applicant was induced into taking it, without proper legal basis, as a condition for her employment in New York. The ±¬ÁÏÍøDT ordered rescission of the decision...

The administrative decision that was being challenged was made on the recommendation of the Advisory Board on Compensation Claims (¡°ABCC¡±). The Tribunal found that the ABCC was correct in rejecting the Applicant¡¯s claim for compensation for injuries suffered from the car accident.

The Tribunal finds that, pursuant to art. 2.1(a) of the Statute of the Dispute Tribunal, the Applicant¡¯s claim is receivable. Meaning of an ¡°agreement reached through mediation¡± - A plain reading of the full text of art. 8.2 requires that a mediated agreement must be reduced in to writing and signed by the parties as otherwise it would be inconceivable how the implementation of such an agreement would be enforced as provided for in the latter part of art. 8.2 of the Statute of the Dispute Tribunal.

Before the Tribunal, following its Judgment Johnson ±¬ÁÏÍøDT/2011/144, as confirmed by the Appeals Tribunal in Johnson 2012-±¬ÁÏÍøAT-240, the Respondent does not contest anymore that the Applicant by using her foreign tax credit paid as a matter of fact part of the taxes due. The Respondent nevertheless refuses to reimburse to the Applicant the staff assessment deductions made, which the latter contests. The Tribunal finds in favor of the Applicant and orders the Administration to carry out a new calculation of the 2010 staff assessment deductions that ought to be reimbursed to her.

With respect to the first contested selection process, the ±¬ÁÏÍøDT found that the Applicant was properly considered for it but was determined as not suitable. With respect to the second contested selection process, the ±¬ÁÏÍøDT found that the Respondent¡¯s explanation that the post was not filled due to reasons not related to the Applicant¡¯s candidacy was credible. The ±¬ÁÏÍøDT rejected the application.

The Tribunal rejected the Respondent¡¯s argument that this was a case of non-renewal and found that the Applicant¡¯s fixed-term contract was terminated on the grounds of alleged unsatisfactory performance for the period of 2007 to 2010. The ±¬ÁÏÍøDT found that the performance evaluation report (¡°PER¡±) for 2010 cannot be lawfully relied upon to justify the finding of unsatisfactory performance as the Applicant had no opportunity of a meaningful rebuttal. Therefore, the termination of the Applicant¡¯s contract on the basis of poor performance was unlawful. The ±¬ÁÏÍøDT also found that no proper...

The ±¬ÁÏÍøDT found that the reason provided by the Administration for the non-renewal was not supported by the facts and that the decision was indeed based on extraneous factors. The decision of the ITC Senior Management Committee to merge several existing programs was never really implemented. A generic P-4 post was advertised in early 2012 under the new program, and funded through budget lines already available when the decision not to extend the Applicant¡¯s appointment was taken. The available evidence shows that the real motive of the decision was the fact that the Applicant¡¯s supervisor...

The ±¬ÁÏÍøDT found, in its earlier Judgment McCloskey ±¬ÁÏÍøDT/2012/199 that only the decision pertaining to the Statement of Tax Settlement for the year 2010 was receivable. Following the Tribunal¡¯s Judgments in McCloskey ±¬ÁÏÍøDT/2012/199 and Johnson ±¬ÁÏÍøDT/2011/144, as confirmed by the Appeals Tribunal in Johnson 2012-±¬ÁÏÍøAT-240, the Respondent no longer contests the illegality of the decision to use the Applicant¡¯s wife¡¯s foreign income tax credit. The Respondent nevertheless refuses to reimburse to the Applicant the staff assessment deductions made, which the latter contests. The Tribunal finds in favor...