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The Tribunal ruled that the selection procedure was flawed on grounds that: (a) first and foremost, the evaluations of the candidates as agreed to by the panel had been substantially modified prior to their transmission to the Director-General, ±¬ÁÏÍøOG, for the final decision, without the approval of the panel members; (b) the panel gave the Applicants misleading instructions during the interview that impacted negatively on their ratings; (c) the Director-General, ±¬ÁÏÍøOG, was not demonstrably provided with a documented record enabling him to make an informed selection decision; (d) no written...

The Tribunal concluded that the contested decision was unlawful in light of extraneous factors and the Respondent¡¯s failure to adhere to the rules on performance.

Performance appraisal: The Tribunal noted that even before the Applicant¡¯s individual performance work plan had been approved by his first reporting officer; his second reporting officer was making efforts to terminate his contract. The Tribunal held that it was unreasonable and inappropriate for the Applicant¡¯s performance to be measured against outputs and performance indicators that had neither been defined nor approved by his...

The Tribunal found that the first part of the application was not receivable, since the decision to pay the multiplier of 65.5 from 1 August 2012 through 31 January 2013 to all professional staff member with duty station New York, constitutes a decision with regulatory power and not an administrative decision under art. 2.1(a) of its Statute. The Tribunal further found that decision to pay the Applicants the amount calculated on the basis of the 65.5 for the month of January 2013 as reflected in their respective statement of earning, constitutes an administrative decision hence the application...

The Tribunal considered that the Applicant as a party cannot file a motion for intervention in her own case, and that her request for intervention by the Tribunal in the rebuttal process is not receivable ratione materiae, thus leaving no legal ground for an interim measure.

This case was first decided by the Dispute Tribunal by Leboeuf et al. ±¬ÁÏÍøDT/2010/206, rendered on 30 November 2010. The case, however, was remanded by the United Nations Appeals Tribunal for ¡°further proceedings¡±. The ±¬ÁÏÍøDT found that the Applicants' claims against the lawfulness of the change introduced in December 2004, with effect from January 2005, are time-barred and not receivable under arts. 8.3 and 8.4 of the Tribunal¡¯s Statute. The ±¬ÁÏÍøDT found that it had no jurisdiction to consider them and the application was receivable only with respect to the subsequent application of the policy on...

The ±¬ÁÏÍøDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.

The Tribunal noted that the HM has broad discretionary power to exercise a preliminary evaluation of the released applicants in order to establish the shortlist of the most qualified candidates to be invited for further assessment, and that the Tribunal will not easily interfere with the Administration¡¯s broad discretion in these matters and substitute its judgment for that of the competent decision maker. It further noted that the work experience requirement as listed in the vacancy announcement (VA) was already described in broad terms, thus opening the door to large discretion as to what...

The Tribunal noted that the content of the notes taken by the three panel members echoed similar answers given by the Applicant, which is a clear indication that they reflect the interview as it indeed happened and the answers provided by the Applicant. The Tribunal was also provided with the list of questions asked by the Panel during all interviews, and noted that the assertions made by the Applicant that she was not asked exactly those questions as they stood were unfounded and not corroborated by any evidence. It recalled that it was well within the discretionary power of the Assessment...

The Tribunal found the application irreceivable for want of management evaluation request.

The Tribunal found that the application was not receivable ratione materiae, since it was directed against decisions with regulatory power. The issuance of secondary salary scales to staff recruited on or after 1 March 2012 is not of individual application and does not produce direct legal consequences; it constitutes an administrative act with regulatory power, but not an administrative decision under the terms of art. 2.1(a) of the Tribunal¡¯s Statute. The freeze of existing salary scales in effect since 1 August 2010 applies to a group of staff members defined exclusively by their status and...

The Applicant contended, inter alia, that WFP breached her due process rights during the disciplinary proceedings and she did not breach any of the applicable rules. The evidence before the Tribunal sustained the Applicant¡¯s contention that WFP¡¯s investigators did not respect her due process rights. The ground of appeal related to the irregularity of the disciplinary proceeding is accepted and the Tribunal does not need to analyse the rest of the Applicant¡¯s contentions. The rescission of the contested decision is, per se, a fair and sufficient remedy for the moral prejudice caused to the...

The Respondent submitted that the Application is not receivable ratione temporis since the Application was filed more than three years after the Applicant¡¯s receipt of the impugned administrative decision, however the Tribunal found the application to be receivable due to the exceptional circumstances of this case. Obligations under ST/AI/371: Under paragraph 24 of ST/AI/371/ it was the duty of the Applicant to file an appeal with the JDC within two months of the notification of the disciplinary measure meted out to him. Although the Applicant failed to submit a request for review of his...

The Applicant requests the Tribunal to find that his due process rights were breached, that a copy of the report from the Investigation Panel be produced to him. There is no evidence that the Investigation Panel did not follow the applicable procedures or that his due process rights were not respected. It is within the Secretary-General¡¯s discretion as to whether or not initiate action against a staff member. The case is dismissed.

Finality of disputes: The desirability of finality of disputes in proceedings requires that a party should be able to raise a valid defence of res judicata, which provides that a matter between the same persons, involving the same cause of action, may not be adjudicated twice. Res judicata: Once a matter has been determined, parties should not be able to re-litigate the same issue. An issue, broadly speaking, is a matter of fact or question of law in a dispute between two or more parties which a court is called upon to decide and pronounce itself on in its judgment. The object of the res...

The parties agreed that the facts were not contested and that the issue for the Tribunal¡¯s consideration was whether the disciplinary measure of separation from service with compensation in lieu of notice and without termination indemnities was proportionate to the Applicant¡¯s conduct. Taking the mitigation circumstances into consideration, the ±¬ÁÏÍøDT found that the sanction was not proportionate to the facts and substituted it for the lesser sanction of separation from service with termination indemnities. The Tribunal agrees with the facts that the Applicant¡¯s conduct was improper and that she...

Legitimate expectation ¨C The Country Office¡¯s Core Management Group meeting of 29 February 2012 decided that all international staff, including the Applicant, would be extended for one year and the Applicant knew of the decision. This Tribunal finds that the decision taken at a regular and proper Country Office Core Management Group meeting to extend the contract of a staff member, which decision is embodied in open recorded minutes and accessible to staff members, carries far greater weight than any ¡®express promise¡¯ that can be made to the said staff member about extending his contract. The...

In reviewing a decision not to renew an appointment, the role of the Dispute Tribunal is to determine whether the discretion not to renew was validly exercised. Where justification is given by the Respondent for the exercise of its discretion, that justification must be borne out by the facts. Both Parties have told the Tribunal that the Applicant took his grievances to the Retention Committee, which Committee then reviewed the Applicant¡¯s claim and found that the Retention Panel (which the Applicant chaired) had properly carried out the exercise it was charged with. The Tribunal is also...

Receivability: Noting that the Applicant submitted his Application 3 days before requesting management evaluation of the contested decision and that his request for management evaluation was submitted a month after the deadline for the statutory delay, the Tribunal concluded that the Application was not receivable.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

Receivability - Mr. Wallace as a Legal Officer in MEU had the requisite delegated authority to make an exception to the Staff Rules in suspending the time limits for the Applicant to request for management evaluation as he did in the present case. The Applicant¡¯s case was therefore held in abeyance until 30 March 2011. The Applicant, as a result, had until 30 June 2011 to file her Application which she did on 6 June 2011. Full and fair consideration - All the candidates that appear before an interview panel have the right to full and fair consideration. A candidate challenging the denial of a...