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The Tribunal was of the view that, essentially, the Applicant attempted to create an administrative decision in an attempt to contest it. Whilst the approach discloses some imagination on the part of the Applicant, the absence of a response by the High Commissioner to the Applicant¡¯s request does not create any direct legal consequence for him. Thus, there is no administrative decision, directly or by implication, that the Tribunal would have jurisdiction to consider. The Applicant has no right to make an appeal in respect of matters to which he was not a party. Indeed, the Applicant did not...

Pursuant to ITC/EDB/2015/07, when a fact-finding panel is appointed, it shall investigate the complaint and ¡°prepare a detailed report, giving a full account of the facts that they have ascertained in the process and attaching documentary evidence¡± (sec. 5.18). The report shall be submitted to the Director, DSP, who will review it together with the related documentation and make a recommendation on the appropriate course of action to the Executive Director, ITC (see secs. 5.15, 5.18, 5.19 and 5.20). Seeking assistance from OIOS was a reasonable solution in the framework of ITC/EDB/2015/07...

The Tribunal accepts the motion to withdraw the application on the terms requested. The parties are to be praised for the approach taken in this matter. The Tribunal, on its own motion, decided to anonymize this judgment considering that since the matter was amicably resolved, it was not appropriate for the Applicant¡¯s name to be disclosed in a public document. The Applicant¡¯s motion to withdraw the application is granted and this case is hereby closed, with, as requested, no right of reinstatement.

Receivability; The application is receivable ratione personae. After accepting the offer of employment, the Applicant effectively started to perform the functions of Senior Economic Affairs; Officer, ECE, on 1 May 2017. The Organization thus treated him like a staff member, although he was not eligible to apply and be selected for the position and no letter of appointment was signed. As a result, the Applicant is legitimately entitled to rights similar to those afforded to staff members, for the purpose of being granted access to the internal justice system of the United Nations.; Merits; The...

The Applicant was notified of his non-selection on 7 December 2016. Yet, he requested management evaluation only on 11 April 2017.; Paragraph 119 of ±¬ÁÏÍøHCR¡¯s Revised Policy and Procedures on Assignments (±¬ÁÏÍøHCR/HCP/2015/2/Rev.1) provides that: ¡°Staff members who have reasons to believe that they have not been given full and fair consideration for a particular decision, have; the right to be provided, upon request, with information on the process which led to that particular decision¡±. Its purpose is merely to establish a duty for the Administration to provide non-successful candidates, upon...

At the relevant time, the Applicant was serving as Senior Coordination Officer for the Global Water Operators Partnerships Alliance (¡°GWOPA¡±), an alliance of partners promoting the Water Operators Partnership established by ±¬ÁÏÍø-Habitat. He was heading the GWOPA Secretariat and was sitting ex officio on the GWOPA Steering Committee as representative of the GWOPA Secretariat. The contested decisions were notified to the Applicant in two memoranda sent on the same day.; The Tribunal identified the following legal issues:; What was the nature of the contested decisions? Was the Applicant subjected...

The Tribunal noted that according to the Applicant¡¯s submission, he was notified of the contested decision on 19 May 2017. Therefore, the 90-day time limit to institute proceedings before the Tribunal expired on 17 August 2017. It followed that when the Applicant submitted his incomplete application by email on 21 August 2017, the statutory time limit had already elapsed. The Tribunal therefore found that the application was irreceivable ratione temporis.

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-±¬ÁÏÍøAT-359 and Ademagic et al. 2016-±¬ÁÏÍøAT-684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

The Tribunal noted that the starting point for the Tribunal¡¯s review of the legality of the contested decisions is the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-±¬ÁÏÍøAT-359 and Ademagic et al. 2016-±¬ÁÏÍøAT-; 684, which remanded the decisions on the conversion of the Applicants¡¯ fixed-term appointments to the ASG/OHRM for reconsideration.; The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...

Background for the examination of the issues in this case

The Tribunal found that the wayin which the Office of Audit and Investigation Services (¡°OAIS¡±) conducted its investigation clearly led to great unfairness to the Applicant given the circumstances of this case.

Financial loss to ±¬ÁÏÍøFPA

Since a pivotal part of the scope of the investigation was to establish financial loss to the Organization and or financial benefit to the Applicant as a result of the ±¬ÁÏÍøFPA leases, it was surprising for the Tribunal to note that there was no certain finding of the actual financial loss that ±¬ÁÏÍøFPA...