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The Tribunal granted the application in part and awarded the Applicant USD18,000 in moral damages: USD3,000 for each of the six RC position for which she applied in her August and November 2013 job applications (the appeal against other non-selection decisions was not found receivable as it had been made out of time). When assessing the Applicant¡¯s relevant applications, it was unlawful for the EG to not nominate the Applicant as this decision was based on her 2012 performance appraisal report, which, at the given time, was still under rebuttal, and not on the last three performance appraisal...

The ±¬ÁÏÍøDT found that the facts in this case have not been established to the required standard, that is, the alleged misconduct has not been established by clear and convincing evidence. The Respondent¡¯s case was based on inconclusive evidence linked together by certain inferences and assumptions, without other possible explanations having been given due weight and consideration. As the facts have not been established, the Applicant¡¯s actions cannot be classified as misconduct and no disciplinary measures should have been applied to the Applicant. The ±¬ÁÏÍøDT found that this case was not marred by...

The Tribunal rejected the application on the merits.

The ±¬ÁÏÍøDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The ±¬ÁÏÍøDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The ±¬ÁÏÍøDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...

International standards on retrenchment and retention: There are international norms and standards regarding the termination of employment of work due to economic, technological or structural change, and the rights of retrenched workers and of staff representatives. The International Labour Organization Convention on Termination of Employment (Convention No. C158) (1982), which contains provisions applicable to all branches of economic activity and to all employed persons (art. 2), states at art. 4 that the employment of a worker shall not be terminated unless there is a valid reason for such...

The ±¬ÁÏÍøDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The ±¬ÁÏÍøDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The ±¬ÁÏÍøDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

The ±¬ÁÏÍøDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The ±¬ÁÏÍøDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The ±¬ÁÏÍøDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

The ±¬ÁÏÍøDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The ±¬ÁÏÍøDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The ±¬ÁÏÍøDT ordered payment of USD7,000 as compensation for emotional distress and two years¡¯ net base salary...

The ±¬ÁÏÍøDT found that the Applicant was not afforded proper priority consideration for the CISS post under the framework established by staff rule 9.6(e). He, therefore, lost a fair chance of being selected for the CISS post. The ±¬ÁÏÍøDT also found that the decision not to select the Applicant was vitiated by the arbitrary and inconsistent application of the requirement of ¡°Headquarters experience¡±. The Tribunal finds that the Applicant has already mitigated his losses for some part of the relevant period and received compensation for the rest of the lost earnings as part of Lemonnier ±¬ÁÏÍøDT/2016/186...

The ±¬ÁÏÍøDT found that the Administration failed to fully honour the material provisions of staff rule 13.1 with respect to the Applicant. The ±¬ÁÏÍøDT found that the Organization committed material irregularities and failed to act fully in compliance with the requirements of staff rule 13.1(d) and (e) and 9.6(e) The onus was on the Administration to carry out a matching exercise and find a suitable post for the Applicant, who was a permanent staff member, prior to opening the vacancy to others. The ±¬ÁÏÍøDT found that, because the Applicant was able to secure alternative employment, albeit at a lower...