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The Respondent conceded that the proper procedure in the assessment of the Applicant¡¯s complaint was not followed because she was not interviewed by OIAI as required by section 5.14 of CF/EXD/2012-007. The Tribunal found that the procedural irregularity in this case not only constitutes a serious breach of the applicable framework but it also violates the Applicant¡¯s due process rights as a complainant. The complainant¡¯s interview is a mandatory and essential step in the preliminary assessment of the complaint as it prompts the staff member to clarify the allegations, to ensure all available...

The selection process is still ongoing. It has therefore not yet yielded a final reviewable administrative decision having an impact on the legal order. The application is therefore not receivable ratione materiae.

The Administration held sufficient consultations with staff on the restructuring of WMO Secretariat by: announcing the restructuring sufficiently in advance, holding meetings with staff representatives and setting up a consultation mechanism to hear staff concerns. The Administration had the Applicant, a permanent appointment holder whose post was abolished, undergo a pre-screening interview for a vacant post along with all the other pre-selected candidates. In so doing, the Administration failed to afford the Applicant priority non-competitive consideration. The Tribunal ordered the...

In plain English, the term ¡°net base salary¡±, does not have any meaning on its own, and no authoritative definition is found in the relevant legal framework or the employment contract. The purpose of post adjustment is to ensure equity in purchasing power of staff members across duty stations. Net base salary represents the minimum, or floor remuneration payable, is defined as gross base salary minus staff assessment, and does not include post adjustment.

The deadline for the Applicant¡¯s request for compensation for any alleged irregularity in the handling of his complaint of misconduct started on 27 June 2019 when he was notified of the outcome of the complaint. The 27 June 2019 notification rendered the decision resulting from the Applicant¡¯s complaint final and therefore reviewable under art. 2.1(a) of the Tribunal¡¯s Statute. Consequently, the notification date starts the clock running for any challenge of such administrative decision. Under staff rule 11.2(c), the Applicant had 60 days to request management evaluation of the contested...

The Tribunal has the power to interpret and identify the ¡°contested administrative decision¡± at stake, even if the party or parties have failed to do so. The Applicant was placed on SLWOP following her expulsion from Pakistan, the host country, due to her failure to timely submit the required documents for the renewal of her accreditation card. The Applicant, as an international staff member, should have known that a valid visa and accreditation card were conditions sine qua non for her to stay in Pakistan and be able to perform her professional duties. Since these conditions were not met and...

The decision to replace the Applicant as Departmental Focal Point for Women is reviewable because it affects her rights as a staff member under ST/SGB/2008/12. The Applicant's role as Departmental Focal Point for Women is not a staff representative. The Respondent did not show a conflict of interest between the Applicant¡¯s role as Departmental Focal Point for Women and her membership of the OHCHR Staff Committee. The High Commissioner had no authority under ST/SGB/2008/12 to remove the Applicant from her functions prior to the expiry of her mandate. Reinstatement of the Applicant was not...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. ±¬ÁÏÍøAT held that, regarding the question of whether ±¬ÁÏÍøDT failed to address the Appellant¡¯s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that ±¬ÁÏÍøDT erred in fact or in law about this issue. ±¬ÁÏÍøAT held, however, that ±¬ÁÏÍøDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr. D R-B, given that the selected...

As the remedy requested in the application had already been obtained, the Tribunal rejects the application as moot.

The Tribunal finds that the Respondent has been able to minimally show that the Applicant¡¯s candidature was given full and fair consideration, including special consideration as an internal candidate on an abolished post but that the Applicant has failed to show that she was denied a fair chance during the selection process. Accordingly, the Tribunal DECIDES that the application is rejected in its entirety.

The past practice of the Organization in cases involving sexual harassment shows that disciplinary measures have been imposed at the strictest end of the spectrum, namely, separation from service or dismissal in accordance with staff rule 10.2(a), which has been affirmed by the Appeals Tribunal in various judgments

The Tribunal found that the rebuttal panel was properly constituted. The Tribunal found that the rebuttal panel¡¯s review of the evidence complied with the applicable norms. The Tribunal found that the Applicant¡¯s medical condition was not an excuse for his reported poor performance. The Tribunal found that because the Applicant¡¯s report of abuse of authority against his supervisor was only filed after the performance appraisal was completed, it had no bearing on the appraisal.

Even though the relevant legal framework provides no guidance on the procedure to be followed for a transfer decision, the general principle of good faith and fair dealings dictates that a staff member should typically¡ªand at a minimum¡ªbe consulted about such transfer before the final decision is made and priorly be provided with a genuine opportunity to comment thereon --As a matter of good faith and fair dealings, an administrative decision that significantly alters the terms and conditions of a staff member¡¯s employment should be notified to this person in a formal written decision --It is...

The Tribunal dismissed the application for the following reasons: the facts had been established to the requisite standard of clear and convincing evidence because the Applicant failed to provide any evidence to contradict the Respondent¡¯s fundamental findings on the objective and subjective elements of the impugned conduct; the established facts qualified as misconduct because the Applicant failed to act with the diligence required of staff applying for education grant entitlements pursuant to ST/AI/2011/4; the sanction was not disproportionate because it was not the most severe sanction for...

The Tribunal rejected the application as not receivable on two grounds: 1) Ratione personae because at the date of the filing of the present application the Applicant was not a staff member and the contested decision has no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment, and 2) Because it is premature since at the time of the filing of the application, the relevant response period for the management evaluation was still running.

The Tribunal finds that the facts on which the disciplinary measure was based have not been established. The decision is rescinded in accordance with art. 10(5)(a) of this Tribunal¡¯s Statute. The Respondent may opt to pay compensation in lieu of rescission comprising her salary from the date of termination to the date when the Applicant would have retired from service. The Applicant has proved that she suffered moral damages and is awarded of two years¡¯ net base salary as damages for moral harm. The Applicant has also proved that she was over deducted by USD20, 987.91 causing her financial...

The Tribunal found that Administration properly calculated the Applicant¡¯s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been ¡°re-employed¡± on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant¡¯s sick leave entitlement of three months on full salary and three months on half salary was calculated...

±¬ÁÏÍøDT was satisfied, based on the evidence, that the Applicant was prepared to use his power and influence to make life in the United Nations difficult for the Complainant if she pursued her complaint against him. ±¬ÁÏÍøDT held that this evidence satisfied the clear and convincing requirement. The evidence also showed that, during the investigation, the Applicant was afforded the due process rights he was entitled to. ±¬ÁÏÍøDT held that the disciplinary action of summary dismissal in this matter was justified and proportionate. ±¬ÁÏÍøDT dismissed the application.

In the matter of non-selection, it is evident that the Applicant was required to take a test but did not. The Applicant did not explain why she failed to take the test in any terms which show that the Administration must take responsibility for this failure. ±¬ÁÏÍøDT held that the Applicant must take responsibility for this failure and therefore can blame no-one other than herself for the non-selection. ±¬ÁÏÍøDT dismissed this aspect of the Application. ±¬ÁÏÍøDT held that the finding that there was insufficient evidence to pursue the matter of sexual harassment tantamounts to abuse abuse of authority on...

Receivability The Tribunal considered that the Applicant was not challenging individual non-selection decisions directly but rather challenged the Administration¡¯s alleged failure to give her priority consideration for vacant posts before terminating her fixed-term appointment, which is required under staff rule 9.6(e) (see Timothy). Therefore, the Tribunal found the application receivable and examined the merits of the case. Restructuring process At the time of the contested decision, the Applicant worked as Humanitarian Affairs Officer (HAO) at the P-4 level. The Tribunal noted that, in OCHA...