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The initial decision not to confirm the Applicant to the post was taken by an unidentified person whereas only the High Commissioner has the authority to take decisions on promotions. This decision must therefore be rescinded by the Tribunal. A second decision not to confirm her to the post was taken by the High Commissioner following a recourse submitted by the Applicant to the APPB and the Tribunal must examine the legality of this decision. The ±¬ÁÏÍøHCR Representative, who decided not to recommend the Applicant¡¯s confirmation to the post, took this decision without informing her beforehand and...

The Tribunal finds that the facts on which the disciplinary measures are based were established. Judicial review of disciplinary sanctions (1): As the Applicant challenges the disciplinary measures on the sole ground that he did not commit the purported actions, there are no grounds for the Tribunal, once it has found that the facts are established, to consider whether these facts legally amount to misconduct and whether the sanctions imposed on the Applicant were proportionate. Judicial review of disciplinary sanctions (2): The circumstance that an investigation into misconduct might have...

±¬ÁÏÍøDT noted that when the facts at issue occurred, the Applicant was neither a staff member, nor a former staff member within the meaning of Article 3.1 of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøDT accordingly held that the Applicant was not a person having access to ±¬ÁÏÍøDT and that it had to declare itself not competent to consider the application. ±¬ÁÏÍøDT rejected the application.

Regulatory decisions v. individual administrative decisions: An applicant may plead the unlawfulness of a regulatory decision only in the context of an appeal against an individual administrative decision taken on the basis of such regulatory decision. The Tribunal may not rescind a regulatory decision.

Award of allowances: The award of an allowance is contingent upon the existence of a written text. The fact that, in breach of the applicable provisions, the Administration granted the end-of-service allowance to staff members who were in the same situation as the Applicant cannot serve as a basis for awarding the allowance to her. Applicability of national laws: National legislations are not directly applicable to ±¬ÁÏÍø staff members, and it is for ±¬ÁÏÍø authorized bodies to implement such legislation into the internal laws of the ±¬ÁÏÍø. Judicial review: The Tribunal has no jurisdiction to interpret...

The Tribunal considered that the Administration had erred in finding that the Applicant¡¯s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. It awarded him USD10,000 for the moral injury he had suffered because of the way in which the matter was dealt with by the Administration. Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration¡¯s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Scope of ST/SGB/2008/5: Disagreements on work performance or on other work-related...

The Tribunal found that the application was receivable ratione temporis but rejected it on the merits, on the ground that the post whose functions the Applicant carried out was not vacant or temporarily vacant within the meaning of ST/AI/1999/17. The Tribunal further rejected the Applicant¡¯s request for moral damages. Receivability ratione temporis: The serious health problem suffered by the Applicant constituted an exceptional circumstance justifying the delay in filing his application. The short period of time between the end of his sick leave and the filing of his application shows that the...

The application was withdrawn by the Applicant.

Request for review: The Administration should not be excessively formalistic and demand that for a request for review to be considered as such, it must necessarily be addressed to the Secretary-General. However, such a request must be formulated in sufficiently clear terms to be regarded by its addressee as a formal request for review¡ªthat is, as the first compulsory step initiating the appeals procedure provided for by former staff rule 111.2(a)¡ªwhich s/he must then forward to the Secretary-General. Exceptional circumstances/duty to inform staff members: There is no provision requiring the...

Review of the motivations behind the contested decision: Circumstances intervening after the contested decision was taken may not be considered as showing the motives put forward by the Administration to be false. Even if it was proved that an evaluation of the Applicant¡¯s performance was conducted after his separation, this is not pertinent in examining the decision not to renew his contract, inasmuch as the motive provided therefor was not unsatisfactory performance. Scope of review by the Tribunal: It is not for the Tribunal to determine, when the Administration decides to close one of its...