±¬ÁÏÍø

The Tribunal held that the application was not receivable ratione materia. As a first step, a staff member wishing to formally contest an administrative decision, had to submit to the Secretary-General in writing a request for a management evaluation of the administrative decision. In this case, the Applicant did not provide in his application any document showing that he had filed a request for management evaluation, thus failing to meet the mandatory first step. The Tribunal also found that the application was not receivable ratione temporis. The Applicant filed his application over seven...

Following Order No. 250 (GVA/2017), the decision to place the Applicant on SLWOP was rescinded and the Tribunal agreed with the Respondent that this matter was moot.; The Tribunal found that since it cannot review the assessment and finding made by the ±¬ÁÏÍøICEF Ethics Office with respect to the Applicant¡¯s request for protection from retaliation, it cannot, either, examine the delays, if any, that occurred in the framework of that assessment. For that reason alone, the application insofar as it was addressed against the delay, if any, by the Ethics Office to review the Applicant¡¯s request for...

It is unequivocally incumbent upon the Organization to provide anyone who files a complaint with a properly reasoned decision, especially when the complaint is being rejected. This also enables the staff member to promptly exercise other available options including a challenge to that decision. Endless email communications do not provide staff members with finality of a determination, thus placing them in a precarious situation if they are to challenge such a decision taking note of statutory time-limits.; This Tribunal found that the decision of the former ±¬ÁÏÍøICEF Representative PCO not to...

Assessment process; The Tribunal notes that in her entire application, the Applicant did not provide any proof of the allegations of bias and the negative influence of the Chief of Human Resources in the recruitment process. The Applicant¡¯s further allegations of irregularity in the recruitment process have equally not been substantiated.; Since the Applicant was found not to be a suitable candidate and consequently not among the recommend[ed] candidates, her arguments on the lack of application of the gender parity considerations and the recruitment of an external candidate are not matters...

Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the ±¬ÁÏÍøDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of ¡°technical body¡± in the sense of staff rule 11.2(b), is designation by the SecretaryGeneral. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...

Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the ±¬ÁÏÍøDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of ¡°technical body¡± in the sense of staff rule 11.2(b), is designation by the Secretary-General. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...

Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the ±¬ÁÏÍøDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of ¡°technical body¡± in the sense of staff rule 11.2(b), is designation by the SecretaryGeneral. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...

Making a determination as to what constitutes a technical body is not a function of the Dispute or Appeals Tribunals. The overarching import of staff rule 11.2(a) read together with the ±¬ÁÏÍøDT Statute establishes the obligation of seeking management evaluation prior to invoking the jurisdiction of the Dispute Tribunal as a rule. That controlling element for the status of ¡°technical body¡± in the sense of staff rule 11.2(b), is designation by the SecretaryGeneral. Absent designation by the Secretary-General, ICSC is not to be deemed a technical body for the purpose of exempting the impugned...

In circumstances where an applicant is not provided with the whole of the documentation involved in a matter sought to be brought before the Tribunal, it is essential that as material is provided to an applicant there be a right to amend an application. To not allow the amendment of the application would not ¡°do justice to the parties¡± or ¡°lead to the fair disposal of the case¡±. Clearly, not permitting an amendment of the application when the true state of affairs is revealed for the first time by the Respondent would offend the inherent obligations of the Tribunal consistent with the...

The Tribunal held that the evidence before it showed that the Applicant had signed a contract with ±¬ÁÏÍøOPS governed by the terms and conditions of the ±¬ÁÏÍøOPS Individual Contractor Agreement which, among others, provided that the Applicant had a status of an independent contractor, and was not to be regarded, for any purpose, as a staff member of ±¬ÁÏÍøOPS or any other entity of the United Nations. Therefore, the Applicant, not being a staff member of ±¬ÁÏÍøOPS or any other entity of the United Nations, had no locus standi before the Tribunal. As a result, the application was struck out as being not...

The Tribunal notes that, while the non-selection decision is not explicitly mentioned in the Applicant¡¯s list of impugned decisions in his management evaluation request, it could be regarded as subsumed under the description of ¡°preselecting particular posts to go to external candidates¡± and the suggestion that the process was not transparent but ¡°opaque¡±. The Applicant did request management evaluation of the non-selection decisions and that his claim in this regard is receivable pursuant to art. 8.1(c) of the Dispute Tribunal¡¯s Statute and staff rule 11.2(a). As the Applicant failed to...

Reason for non-renewal; It is commonplace that once the Respondent gives a staff member a reason for the nonrenewal of contract, such a reason must be supported by facts (Islam 2011-±¬ÁÏÍøAT-115); The fact that the Respondent conceded that he could not demonstrate the lack of funds leading to the non-renewal of the Applicant¡¯s contract leads the Tribunal to draw the negative inference that ±¬ÁÏÍøICEF PCO had decided not to renew the Applicant¡¯s contract based on other reasons that were disclosed neither to the Applicant nor to this Tribunal.; Furthermore, the Tribunal does not find that the fact that...

The Tribunal finds it noteworthy that in relation to functional delegation of authority, the person in whom authority is vested by virtue of his/her position/function has the power to delegate that authority. However, such delegation does not equate to the delegator definitively ridding himself/herself of the powers and authority that he or she delegates. Legally, a delegator continues to maintain the powers and authority that he or she has delegated, and such delegation is thus revocable at any time. Therefore, both parties¡¯ arguments that the USG/OIOS could or should have ¡°surrendered¡± her...

The Applicant was invited to and successfully passed the assessment process, during which the assessment panel evaluated his technical skills and competencies through a written test and a competency-based interview, pursuant to sec. 7.5 of ST/AI/2010/3/Amend. 1. As a consequence, the Applicant was placed on the list of recommended candidates by the hiring manager for review by the CRC, pursuant to secs. 7.6 and 7.7 of ST/AI/2010/3/Amend. 1. Both parties agree that this evaluation process was conducted in accordance with the applicable procedures.; In reviewing the selection process, the CRC...

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the applications irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the applications irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the applications irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the applications irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the application irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the application irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.