The Tribunal noted that the Applicant, an individual contractor, did not fall under any of the categories of potential applicants under art. 3.1 of its Statute. Noting that individual contractors are not staff members, the Tribunal found that the Applicant had no legal standing and, consequently, that the application was not receivable ratione personae.
The decision not to renew the Applicant’s fixed-term appointment
The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant’s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant’s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant’s fixed-term appointment, namely that she...
The Tribunal examined the alleged procedural errors in the appointment of the investigation panel and the conduct of its investigation, before turning to examine the alleged errors in the making of the contested decision itself.; Appointment of the panel; The Tribunal found that the panel, appointed by a responsible official (the then Executive Director OAJ) who had a conflict of interest, was not constituted in accordance with sec. 5.14 of ST/SGB/2008/5. It was illegal and void ab initio. A decision maker cannot, knowing the basis of a request for recusal, take important steps in a process...
With respect to the content of judgment Lloret Alca?iz et al., the applicants raised the following question to the Tribunal: Is it the intention of the Tribunal in this Judgment for the Applicants to continue to receive a “dependency rate of salary” after their first dependent child ceases to be dependent and up until their youngest dependent child is no longer recognized as a dependent?; The Tribunal found that the Applicants asked it to go beyond the conclusions of its Judgment in raising ex post facto a question about the interpretation of the former regime, which was not raised nor...
The Tribunal found that the contested decision in the present case was the High Commissioner’s decision of 17 October 2014, which considered the Applicant’s candidacy for promotion at the P-5 level, notified to the Applicant on 20 October 2014. This decision was not subject to any further review or superseded by a new one.; The Tribunal noted that the decision of 2 March 2015 did not consider the Applicant’s recourse application on the merits as it was filed out of time, which left the original decision of 17 October 2014 undisturbed. The Tribunal therefore found that the decision of 2 March...
Administrative leave; The Tribunal noted that the decision letter of 27 July 2017 conveyed that the decision was based on the reputational risk to the Organization in light of the allegations against the Applicant, relating to sexual abuse and exploitation of an underage girl, and on the basis of the available evidence and findings of the investigation report.; The Tribunal was satisfied that the sensitive nature of the allegations, which were sustained by some evidence, justified the Administration’s decision, in its exercise of discretion, to put the Applicant on administrative leave, in...
The parties disagreed as to the date the contested decision was notified to the Applicant and the Tribunal had to determine which of the communications triggered the running of the 60-day time limit to request management evaluation.; It was uncontested by the Applicant that he was informed, unequivocally, by his manager on 28 October 2015, that his contract was going to be terminated effective 31 January 2016 and that he was being placed on special leave with full pay as of 1 November 2015. He was also unequivocally informed on that date that he would no longer have access to his emails and...
The Tribunal found that the Applicant was contesting the decision not to investigate her complaint under ST/SGB/2008/5 against the Chief, Languages Services (“Chief LS”), and fifteen of her colleagues and, following the investigation against two individuals, the decision to take managerial action against only one of the staff members she had complained about.; Receivability; Since the Applicant failed to request timely management evaluation of the decision not to investigate her complaint against the Chief, LS, and fifteen other staff members,; notified to her on 30 March 2017, these claims in...
The Tribunal examined the following issues:; Issue No. 1 Classification exercise and lateral move requirements; The Tribunal noted that prior to the post being advertised it had been classified as a; “geographical” rather than a “language” post. As a consequence, the lateral move requirements, which apply to geographical but not to language posts, would have been to the Applicant’s disadvantage. Following its classification as a language post this requirement was removed and staff at P-4 level, including the Applicant, were eligible to apply notwithstanding any lack of lateral moves.; Clearly...
The distinction between reimbursement of 100 per cent of admissible educational expenses for a child with a disability who attends a regular education institution depends on whether the necessary special arrangements are provided by the educational institution or not. If the institution does not provide such arrangements, the special teaching expenses are reimbursed at 100% but the educational expenses are reimbursed at the regular rate of 75%. Sec. 14.1 has to be read in conjunction with sec. 12 of the ST/AI/2011/4, which defines admissible expenses for the special education grant as...
