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The Organization cannot with propriety resort to reliance on particular provisions in its Rules and Regulations which were arguably inconsistent with a representation merely because the Rules and Regulations are referred to as a whole in the Letter of Appointment. Not only was the respondent in breach of its contract with the applicant by deciding arbitrarily and capriciously not to renew his contract (as had been admitted) but it was in breach of the contract by not renewing it in accordance with the undertaking to do so if the applicant¡¯s performance was satisfactory. The applicant¡¯s...

When attempting to establish a pattern of retaliation with regard to past decisions, the question is one of the relevance of those decisions, not receivability. Whether or not the SGB on retaliation was in force at the time an act or decision took place, the act or decision can still be considered retaliatory and constitute serious misconduct. The burden on the respondent of proving ¡°by clear and convincing evidence¡± in respect of decisions made before the provision came into effect that ¡°it would have taken the same action absent the protected activity¡± (ST/SGB/2005/21) applies to decisions...

Harassment allegations: People are entitled to their opinions, even unflattering or wrong-headed, about colleagues. It is only when those opinions are conveyed in ways that constitute harassment or abuse that they become problematical in a legal sense. A genuine opinion about a colleague¡¯s competence that happens to be adverse is not susceptible of criticism. While not placing the delays of the applicant in making complaints about the matters to which he has referred on the scales against him, those delays have made it much more difficult for him to prove they occurred quite as he alleges...

[±¬ÁÏÍøDT/GVA/2009/63 ]Contrary to what he contends, the applicant was not prevented from undertaking the separation procedures before the separation memorandum was issued. He was notified of the non-renewal of his contract nearly two months before his effective separation. Hence, the argument that the late issuance of the separation memorandum created such a situation that he was bound to work beyond the date of expiration of his appointment does not stand. The Organization offered him a reasonable chance to finalize the different separation formalities, both during the last two months of service...

Since the applicant was not a staff member of ±¬ÁÏÍøOV when the contested decision was taken, the decision to bar him from access to the VIC did not affect and could not have affected his terms of appointment. The decision could be contested neither before the JAB nor before the ±¬ÁÏÍøDT.

The panel report did not constitute a breach of the applicant¡¯s contractual rights and therefore no compensation is warranted. Such a panel is not a court and while it must be fair, it must be allowed to do its reasonable best to ascertain the facts as it thinks is right. Even though the audit was seriously flawed in significant respects, the decision as to its content is not subject to appeal to the Tribunal. Constructive dismissal occurs when the employer engages in a scheme of action which, in effect makes it so difficult for the employee to continue with his or her work, that the latter...

Outcome: On the balance of probabilities it appears that the applicant was unable to perform his duties at an adequate level and the most significant cause of this situation was not lack of training or assistance, but his own attitude. In fairness to the applicant, more should have been done to help his transition from his outside employment to the requirements of his new employment. In light of the rebuttal process being made available to the applicant, he did not suffer any actual detriment from the lack of an ePAS and had the benefit of a rebuttal process. The application is dismissed in...

The Tribunal found that the performance appraisal followed by the rebuttal process had been done in respect of the rules and procedures applicable to ±¬ÁÏÍøDP. Based on the documentary evidence, it was the view of the Tribunal that, as a matter of fact, the Management went out of his way to afford the Applicant with as much latitude as possible to comment and challenge the rating of ¡°partially met expectations¡±. With regards to the Applicant¡¯s allegations of harassment, retaliation and discrimination, the Tribunal found that both the ±¬ÁÏÍøDP Ethics Office and the ±¬ÁÏÍø Central Ethics Office followed the...

Section 8.9 of ST/AI/1999/3 applies only to holders of fixed-term appointments. It is therefore not relevant to the applicant¡¯s case, as he held an indefinite appointment. Regarding the payments due, a clear distinction must be made between the termination indemnities, which are automatically due to the concerned staff member in the event of termination of his/her contract, as provided by the Staff Regulations and Rules, and the compensation package, which, in addition to that which is legally due, includes a certain amount that the administration chooses to give ex gratia; as such, it is...

Evaluation of candidates: The record appears to reflect a careful and comprehensive examination of the claims of the various applicants. There was no problematical analysis or conclusion that suggested that the process had gone awry or was anything other than proper. Failure to notify: Sec 9.5 of ST/AI/2006/3 provides that an unsuccessful interviewed applicant should be informed by the programme that they have not been selected or rostered. This was not done. The applicant suffered no loss or additional anxiety arising out of the inappropriate and discourteous way in which she became aware of...