±¬ÁÏÍø

The Tribunal found that the Applicant was not entitled to any compensation for loss of earning and benefits because the case corned the Ethics Office¡¯s decision that the Applicant had not been retaliated against and not the circumstances regarding his separation from ±¬ÁÏÍøDP. As for non-pecuniary damages, the Tribunal found that it was difficult to envisage a worse case of insensitive, high-handed and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights, including Articles. 1, 3, 6, 7, 8 and 9. Furthermore, the Tribunal found that the failures...

By deciding not to undertake the written test for the two posts, the Applicant removed the hiring manager¡¯s capacity to effectively compare her skills to that of the other candidates. By not taking the written test the Applicant effectively withdrew from the entire approved selection process and she could no longer enjoy the right of being evaluated appropriately, and against the pre-approved criteria. Consequently, none of the Applicant¡¯s rights were breached during the selection exercise for these posts. The Applicant claims that she should have been selected for either of the two posts even...

As regards her e-Pas reports, the Tribunal found that the ratings resulting from the rebuttal processes had replaced the initial ratings and that hence the e-Pas reports cannot be annulled. Concerning the inclusion in the OSF of documents arising from the rebuttal processes relating to her e-Pas reports, the Tribunal found that only the documents specified in ST/AI/2002/3 and ST/AI/2010/5 are to be included in her OSF. It also found that the irregularities in relation to her e-Pas reports were of such gravity as to render them meaningless and that they are thus not be included in her OSF. The...

The Tribunal has to strike a balance between the subjective and introspective feelings and perception of the aggrieved staff member with the application of reasonableness, rationality and objectivity in arriving at a fair and proper assessment of damage particularly involving the indefinable characteristics of what has been described in broad general terms as ¡°moral damage¡±.The Applicant distress and anxiety as a result of feeling extremely upset and not valued by the Organization cannot justifiably be placed at the top end of the scale of severity but rather at the lower end. This is even...

The Tribunal found that the Applicant had not suffered any material or moral prejudice. With regard to OSLA¡¯s refusal to provide her with legal assistance, the Tribunal found that the decision is not illegal since there was a conflict of interest . The Applicant is a staff member of OSLA and her application before the Tribunal concerns a written reprimand issued by her immediate supervisor, the Chief of OSLA.

As regards the Applicant¡¯s request for rescission of the contested decision, the Tribunal found that it was irreceivable insofar as decisions to extend a staff member¡¯s appointment are not decisions adversely affecting a staff member and thus are not subject to appeal. As regards the Applicant¡¯s request for a two-year renewal, the Tribunal further found that there were no legal provisions stipulating a particular duration of a fixed-term appointment.

The Tribunal found that the decision to consider the Applicant as ineligible was legal and did not violate any of his rights.

The Tribunal reasoned that when seeking to challenge a policy, it was imperative that an applicant was specific in identifying how that policy had adversely affected him. A broad brush suggestion that a particular policy was discriminatory was not sufficient for purposes of litigation. The Tribunal emphasized that it was not in the bisuness of reviewing policies within the Organization, except where an Applicant clearly demonstrated that a specific decision had been made, which was adverse to his or her interests, in furtherance of that policy.; In light of the above, the Tribunal concluded...

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the ±¬ÁÏÍøDT Rules, the Respondent is required to comply with his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the ±¬ÁÏÍøDT Rules, a party is entitled to judgment...

. The Applicant claimed that the reason for the contested decision was not disclosed to her until the management evaluation stage and that the reason given was not supported legally or factually. The ±¬ÁÏÍøDT found that ±¬ÁÏÍøICEF was obliged to provide the Applicant with a reason for the non-renewal of her contract when she requested it. The ±¬ÁÏÍøDT found that according to the performance ratings provided prior to the non-renewal of the Applicant¡¯s contract, her performance, as a matter of law, cannot be regarded as unsatisfactory based on secs. 5.2 and 10.2 of CF/AI/2010-001 (Administrative instruction...