±¬ÁÏÍø

On the first issue of placing of the note on the Applicant¡¯s personnel file, the Tribunal found that the Applicant did not dispute that the Respondent complied with ST/AI/292 which governs placement of adverse materials on personnel files. The Applicant conceded that the Respondent acted within the law. The Applicant also provided his comments on the note. On that basis, the application on the first issue was found not receivable as it did not disclose any administrative decision that had any direct legal consequences on the Applicant¡¯s contract or terms of his employment. On the second issue...

The record provided to Central Review Panel (CRB) was incomplete. The Tribunal therefore finds that the Respondent has failed to demonstrate with a minimal showing that the Applicant¡¯s job candidature was properly assessed by a CRB. The Respondent has failed to demonstrate with a minimal showing that the Applicant received a timely notification of her application being unsuccessful. The general principle provides that the responses to a written test should be graded on an anonymous basis to give full and fair consideration to the job candidatures. Copying members of an assessment panel into an...

The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant¡¯s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...

In light of the Respondent¡¯s acceptance of the findings of the ±¬ÁÏÍø Ethics Office that the Applicant¡¯s supervisor had engaged in retaliatory acts against the Applicant, the Tribunal did not examine or make any findings on the issue of liability for retaliation. The Tribunal¡¯s review was limited to the issue of compensation. The Tribunal rejected the Applicant¡¯s claim that the cancellation of her e-PAS and the failure to promptly issue another one negatively affected her ability to find other employment within the service of the Organization. The Tribunal found that the Applicant had not shown...

The Tribunal found that there was clear and convincing evidence that on the morning of 9 February 2015, at his office, the Applicant commited misconduct. The established facts legally amounted to misconduct, in violation of the norms consistently upheld by the Organization since at minimum 1992, where sexual harassment was described as unacceptable behaviour for the staff of the United Nations, and reiterated through, among other, outlawing, in 2003, sexual exploitation and abuse as serious misconduct warranting a summary dismissal, and through a detailed anti-harassment and abuse of authority...

The Organization cannot be held responsible for incorrect information entered by the Applicant that resulted in his screening out of the recruitment process. The lawfulness of the screening out of the Applicant¡¯s candidature does not hinge on whether the Administration knew or could/should have known that the Applicant¡¯s degree was of a higher level than the one indicated in his PHP. The issue of whether the Applicant¡¯s candidature was pre-screened by a Human Resources Officer is irrelevant in determining whether his candidature received full and fair consideration. Hence, implicitly...

A roster is a temporary pool of candidates who were not selected for an advertised position but recommended for it immediately after a competitive recruitment exercise. They are therefore considered pre-approved candidates available for further selections. The provision of rosters is an exception to the general principle that only successful candidates of a competitive recruitment process can be recruited for advertised positions. The institution of rosters is in general allowed in the interest of the Organization, which can so cover staffing needs without a new competitive process being...

The Tribunal noted that the educational requirement under JO 50523 was a ¡°recognized first-level degree from a university or institution of equivalent status¡± and to ¡°have passed the Russian United Nations Competitive Examination for Translators/Pr¨¦cis-writers¡±. It resulted from the file, and it was uncontested by the parties, that the Applicant holds a Diploma in Economics from the Moskovskij Gosudarstvennyj Institut Mezdunarodnyh Otnosenij (the Moscow State Institute of International Relations, also known as ¡°MGIMO¡±) and that his attendance years were from 1980 to 1986. The evidence on file...

The Tribunal found that the cancellation of the selection exercise in question on the ground that there was a breach of confidentiality in the recruitment process was a reasonable exercise of discretion. The Tribunal rejected the Applicant¡¯s claim that the decision was tainted by gender discrimination as such claim was not supported by evidence. Regarding the second selection process, the Tribunal found that the Applicant was afforded a full and fair consideration as he was recommended as a suitable candidate, was ranked second in preference, and was not selected as the first recommended...

Nowhere in the Policy is using interviews or written test to appraise the competencies and/or qualifications of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when ¡°the appointment of an external candidate is being considered¡± as it is stated that in such circumstances ¡°the applicants (external and internal) selected by the manager will be interviewed¡± (emphasis added). It is further stated that a ¡°[w]ritten test may be required¡± (see sec. 71). No matter what the Applicant¡¯s status was at the time of the selection process, the fact that the ±¬ÁÏÍøHCR...

For the purpose of determining eligibility for a SPA, the Applicant performed higher level functions from the date of the issuance of a vacancy announcement for the higher-level post until the selected candidate assumed the higher-level post. As he performed the higher-level functions for less than four months, the Applicant failed to meet the eligibility criteria under ST/AI/2003/3. The Applicant did not satisfy the criteria for SPA and that the Administration¡¯s decision not to pay it was lawful.

The ABCC rectified the procedural irregularities as directed by Judgment No. ±¬ÁÏÍøDT/2019/019 in its reconsideration of the Applicant¡¯s claim. The ABCC received and considered a medical opinion of the medical doctor of MSD, who reviewed medical reports submitted by the Applicant along with his prior medical history. While the Applicant made allegations of improper considerations, he did not provide any supporting evidence and these allegations are without merit.

The Tribunal considered that despite the Applicant¡¯s characterization of the contested decision as a ¡°written reprimand¡± in his request for management evaluation and in his application, there was never a reprimand issued by an authorized official and, thus, there was no administrative decision to contest. The Tribunal, therefore, found that the application was not receivable ratione materiae. The Tribunal also noted that since the record related to the investigation of a complaint made against the Applicant was deleted from the Misconduct Tracking System (¡°MTS¡±), the Applicant¡¯s claim in this...

The Tribunal observed that the Organization had decided not to renew the Applicant¡¯s appointment following his being declared persona non grata in Sudan. In practical terms, this could have necessitated redeployment of post, reassignment, administrative leave or, ultimately, non-extension of the appointment. Therefore, the Applicant¡¯s claim to remain in office in the country where he was unwelcome was, in any event, unfounded. The Tribunal, further found that the Organization had fulfilled its legal obligations towards the Applicant and the impugned decision was lawful. Consequently, the...

±¬ÁÏÍø Dispute Tribunal had no jurisdiction to adjudicate on the Applicant¡¯s dispute with ICAO.

It resulted from the records that the Applicant only requested management evaluation of the decision concerning her non-selection, while no management evaluation request was filed with respect to the decision to abolish her former post The Tribunal, therefore, found that the claim concerning the abolition of the Applicant¡¯s former post was not receivable and proceeded to only review the non-selection decision. The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these...

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...

The Registry of the Tribunal has, in this case, tried to get in touch with the Applicant and her Counsel on record to no avail. While the Applicant has not expressly indicated a desire to abandon proceedings, the Tribunal is in a position where it simply cannot find the Applicant or Counsel acting on her behalf and so, can only assume that she is no longer interested in pursuing this matter any further.

Nowhere in the ±¬ÁÏÍøHCR Policy is using interviews or written test to appraise the competencies and/or qualification of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when ¡°the appointment of an external candidate is being considered¡± as it is stated that in such circumstances ¡°the applicants (external and internal) selected by the manager will be interviewed¡± (emphasis added). It is further stated that a ¡°[w]ritten test may be required¡± (see sec. 71). The fact that the ±¬ÁÏÍøHCR policies make no specific stipulations about whether skills, competencies and...

As part of a closing statement, the Applicant submitted new written evidence. The Tribunal rejected all new evidence as this evidence could have been submitted before the closing of the proceedings and no exceptional circumstances justified the late submission. The Applicant was not fully informed of all the evidence upon which the Administration would rely to impose the disciplinary sanction. However, he was nevertheless informed of the allegations against him and therefore the Tribunal proceeded to a de novo review of the facts and a judicial review of the remaining aspects of the case. It...