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Performance Notice The Tribunal finds that this Notice was not reflected in the Applicant¡¯s ePAS and was not placed on the Applicant¡¯s Official Status File. The Tribunal concludes that the Performance Notice issued to the Applicant has not, in and of itself, affected his legal rights. Having found that his legal rights were not affected by the decision to issue the Performance Notice, it is not necessary for the Tribunal to consider the Applicant¡¯s other submissions in relation to this issue. Complaint of harassment and discrimination The Tribunal considers that, having received allegations of...

The ±¬ÁÏÍøDT found that the Applicant was notified of the contested decision on 19 June 2013, but submitted his request for management evaluation only on 15 January 2014, or nearly five months after the expiration of the applicable 60-day period for the filing of management evaluation requests. The ±¬ÁÏÍøDT found that by not submitting a timely request for management evaluation, the Applicant failed to meet one of the mandatory and cumulative receivability conditions of art. 8.1 of the ±¬ÁÏÍøDT Statute. The ±¬ÁÏÍøDT rejected the application as not receivable ratione materiae.

SummaryThe Tribunal concluded that the selection process was procedurally flawed for the following reasons: a. the job opening did not identify the specific assessment method to be used for the evaluation of the technical skills during the selection process;b. the selection panel did not include an expert on Russian language and a non-voting member representing the Assistant Secretary-General, Office of Human Resources Management, which the Tribunal considered was necessary in accordance with ST/AI/1998/7;c. the selection panel did not assess the short-listed candidates through an assessment...

The Tribunal found the Applicant's reassignment was a proper exercise of the Secretary-General's discretion and dismissed the application. Reassignment of the Applicant: The Tribunal found that the relocation of the Applicant to Kuwait was prompted by administrative and humanitarian reasons based on space constraints in ±¬ÁÏÍøAMI in order to accommodate more humanitarian staff who were dealing with the influx of refugees from Syria. Accordingly, the Tribunal concluded that the Secretary-General's exercise of discretion was not tainted by any improper motives. Payment of DSA, hardship and mobility...

The Tribunal found that the facts on which the sanction was based had not been established and the facts that were established did not legally amount to misconduct. Consequently, the Tribunal concluded that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore a violation of his rights. Witness statements: The Tribunal concluded that the witness statements without averments of truthfulness could not constitute clear and convincing evidence that the Applicant solicited and obtained money from the five complainants in return for their recruitment as casual daily...

Consolidation of applications: The Tribunal concluded that consolidation would not have any effect on the parties¡¯ rights as the two applications are virtually identical and each party will have the opportunity to have its case fully considered both as to receivability and on the merits albeit in one judgment. Receivability of the classification decision: Noting that Fuentes ±¬ÁÏÍøDT-2010-064 and Fuentes 2011-±¬ÁÏÍøAT-105 confirm that a failure to decide an appeal against classification of a post encumbered by the Applicant is an administrative decision which may be subject to review by the Tribunal...

The ±¬ÁÏÍøDT found no impropriety in connection with the successful candidate¡¯s lateral moves. The ±¬ÁÏÍøDT found that whether or not the successful candidate had two lateral moves was not determinative in this case as the Applicant was not recommended for the post for reasons unconnected to the successful candidate¡¯s eligibility. The application was dismissed.

Receivability: The Tribunal concluded that the Applicant¡¯s filing of an incomplete application met the time limits for filing an application set out in staff rule 11.4(a) and that as the incomplete application was filed in time, there was no requirement for the Applicant to request a suspension or waiver of the deadline.

The Tribunal found the application to be irreceivable, ratione materiae, since the Applicant failed to file a timely request for management evaluation.