±¬ÁÏÍø

Outcome: Judgment for the Applicant. The ±¬ÁÏÍøDT ordered: (i) USD50,000 for the breach of the Applicant¡¯s right to be properly considered for an appointment beyond 31 December 2005 and resultant harm; (ii) USD20,000 for anxiety and emotional distress. The Tribunal finds that the Respondent failed to give full, fair, and proper consideration to the Applicant¡¯s candidacy, contrary to the unanimous recommendation of the Bureau of the COP. The ±¬ÁÏÍøDT found that had the Respondent followed proper procedure and afforded proper consideration, the Applicant stood a significantly high chance of receiving an...

The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.

An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.

Due process: The evaluation of the Applicant¡¯s performance for the 2008/2009 reporting cycle was not carried out in accordance with the established procedures and materially discredits the Respondent¡¯s case. ±¬ÁÏÍøON had an obligation to defer the non-renewal decision until the rebuttal process had been completed but failed to do so. This was a violation of the Applicant¡¯s due process rights. Bad faith: The negative relationship between the Applicant¡¯s former FRO and SRO was contributory to the non- renewal of the Applicant¡¯s contract. The Applicant¡¯s SRO demonstrated ill-motive and unethical...

Reasons for non-renewal: A staff member has a right to ask the administration to provide for reasons of non-renewal of his/her contract; if he/she does not ask, then he/she cannot claim not to have been given reasons for the decision and seek to infer negative inference. Fraught working relationship: If a staff member¡¯s work relationship with his/her superiors has deteriorated to the extent that there is no possibility of salvaging such a relationship, it is within the Administration¡¯s discretion not to renew such a contract.

Estoppel - It was argued on behalf of the Respondent that the Applicant has waived or is estopped from enforcing his right to challenge the contested decision since at the Applicant¡¯s request, the Administration in good faith deferred the effective date of termination of his appointment to enable him to acquire a pension benefit. Given the circumstances of this case, the Applicant had neither waived nor was he estopped from enforcing his rights to challenge the contested decision. The principles of waiver and estoppel will not apply in such a case to deny an Applicant from enforcing his legal...

The Tribunal ordered rescission of the administrative decision to separate the Applicant from service. The Tribunal awarded the Applicant compensation for the substantive and procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines, rules and procedures. Ultra vires - It was not within the competence of the Mission Leadership Team of ±¬ÁÏÍøMISS to leave its role of implementing the new mission¡¯s mandate in order to dabble into matters of human resource management and the transitioning and de-transitioning of staff from the old mission to the new...

Legitimate expectation: While a legitimate expectation can be created by an express promise on the part of the Organization, the Tribunal held that a promise can also be implied from the particular circumstances of a case or from what is held out to an individual. The Tribunal concluded that the Applicant did not have a legitimate expectation of renewal. Performance appraisal: When a staff member is given a rating indicating that he/she meets most expectations but that there is room for improvement, there is an implicit undertaking by the Administration that the staff member will be allowed to...

The Applicant¡¯s rights were respected in compliance with ST/AI/371. The Applicant failed to establish any irregularities in the procedure followed to impose the disciplinary measure on him. It was clear from the investigation that there were several irregularities in the supporting documents submitted by the Applicant. These irregularities were sufficiently disturbing to strongly suggest that the said invoices were falsified. The facts on the basis of which the Applicant was sanctioned were established. The Applicant¡¯s actions constituted professional misconduct within the meaning of the...

Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if he intends to put forward a different version of events from that given by the claimant, he...