±¬ÁÏÍø

Break in service: The Tribunal has not found a policy on mandatory breaks in service and no document has been produced recording it. The respondent has failed to demonstrate a consistent application of the practice of enforced separation between temporary contracts. Further, there was a deliberate delay in progressing the appointment of the applicant which was to her detriment. Compensation: The applicant is to be placed in the position as if there had been no such break in service in May 2008. The manner in which the applicant was treated, aggravated by the exercise of an abuse of power...

There was substantial impact on the applicant¡¯s life and work, which was both foreseeable and a direct result of the breach. Injury to career prospects: It is reasonable to infer that the applicant will probably be promoted in due course and that this prospect has been delayed by his failure to achieve the position in Geneva. This is economic loss. The court proceedings were burdensome, stressful, and time consuming, but this matter is inextricably involved with the denial, up to the judgment, of the applicant¡¯s rights, and will be sufficiently recompensed as part of the award for the breach...

±¬ÁÏÍøDT reiterated that, as it had held in Adorna ±¬ÁÏÍøDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. ±¬ÁÏÍøDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The Tribunal will not order the Applicant¡¯s reinstatement as were the original harm repaired, the Applicant¡¯s appointment would already have ended. While the evidence before the Tribunal suggested that extensions of secondments beyond the five-year limit were possible under ±¬ÁÏÍøDP policy, the Tribunal was not convinced that it was probable in this case. Therefore, the Tribunal held that the renewal would have been limited to the five-year restriction and compensation was warranted for that period, less the Applicant¡¯s actual income. Account is taken of the context of the contractual breach i.e...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in ±¬ÁÏÍøHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in ±¬ÁÏÍøHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

A decision which has not been the subject of a request for a management evaluation cannot be contested before the Tribunal. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in ±¬ÁÏÍøHCR must be taken through the same procedure followed to adopt...

The ±¬ÁÏÍøDT Statute, which is superior in the hierarchy of norms to the Staff Rules, states that an applicant should file an application within 90 days following the expiry of the 45-day period for the management evaluation if the Administration has not replied to his/her request. If the Administration replies after the 45-day period but before the expiry of the 90-day period, a new 90-day period to contest a decision before the Tribunal starts to run. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member¡¯s career. Under the principle that...

The Tribunal found that both the decision to remove the applicant from her post and the decision to place her on SLWFP constituted a proper exercise of the Secretary-General¡¯s discretion pursuant to former staff regulation 1.2 (c) and former staff rule 105.2 (a), respectively. However, the Tribunal also considered that keeping the applicant on SLWFP for four years and four months breached staff rule 105.2 (a), as it did not serve the interests of the Organization. The Tribunal further found that this breach had caused the applicant moral injury for which she should be compensated. Disguised...