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The Tribunal held that the Applicant¡¯s claims relating to the performance evaluation of his FRO and his SRO¡¯s theoretical negative influence of future performance appraisals to the Applicant¡¯s detriment were not receivable because they either did not form part of the terms and conditions of his employment or had no direct legal consequences on his terms and conditions of employment. With respect to the negative comments and rating of the SRO in his 2015-2016 e-PAS, the Tribunal noted the successful roll-back of the e-PAS and concluded that there no longer existed a live issue because he had...

The application was receivable because there was a reviewable administrative decision stemming from the SRO¡¯s negative comments and rating in the Applicant¡¯s performance appraisal because the Applicant was granted only a six-month contract instead of the one year appointment that he was granted when he initially entered on duty with Ä¢¹½ÊÓƵSMIL. Thus, the SRO¡¯s comments had direct legal consequences for the Applicant in that he ended up with a shorter term of appointment. Although the Respondent had made assurances to the Applicant that the 2015-2016 e- PAS would be rolled back and re-created, his...

The Tribunal held that the Applicant¡¯s challenge in relation to the decision to cancel his administrative leave (¡°AL¡±) was without merit. The Tribunal reasoned that the evidence showed that the Applicant was placed on AL after Ä¢¹½ÊÓƵOPS had received allegations of intimidation, harassment and other misconduct against him in the Sudan office. The Applicant did not contest the decision to place him on AL but only the decision informing him that his AL had not been extended and that no disciplinary action was being taken against him regarding the allegations. Accordingly, the decision not to extend...

The irregularities in the investigative process were egregious and warranted compensation. In addition, during the three years the investigation was delayed, the subject was no longer with the Organization, making it not possible to convene a new investigation.Relief: The Tribunal found the Applicant suffered emotional harm in having to prosecute his complaint for three years, harm to his reputation, and that such harm was demonstrated by the Applicant at trial and observed by the Judge as trier of fact. The Ä¢¹½ÊÓƵDT found the decision of the responsible official to close the case was improper as...

The application is not receivable. The Applicant, as a staff member at the relevant time period, had a right to be fully and fairly considered as part of the terms of his former employment. Since the Applicant decided not to apply for JO 41653 in the belief that the post in question would be abolished according to the budget proposal for OICT, the question is whether he is entitled to a review of the contested decision despite his decision not to apply for the job opening. It is not disputed that the budget proposal for OICT was not adopted at the time of the publication and closing of JO...

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.

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 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.