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When joining Ä¢¹½ÊÓƵOPS in 2009, the Applicant¡¯s nationality for Ä¢¹½ÊÓƵ purposes had been recorded as French. Since then, he had submitted various requests to have this changed, however, despite several negative decisions rejecting his request he submitted a request for management evaluation only in 2013. He had also, while being aware that his request for change of nationality was rejected, submitted education grant claims. These claims were approved and processed by Ä¢¹½ÊÓƵOPS, by mistake, and between 2011 and 2012 he was paid over USD60000 for school years 2009 through 2012. The Tribunal found that the...

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, Ä¢¹½ÊÓƵOG, 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, Ä¢¹½ÊÓƵOG, 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...

Binding force of Ä¢¹½ÊÓƵAT judgments: Judgments of the Appeals Tribunal are binding upon the parties. Their binding effect is not restricted to the orders provided under the ¡°Judgment¡± section, but also extends to the other operative paragraphs, which set out the major considerations for the determinations made. Articulation of the interest of the Organization and the criteria for conversion: The interest of the Organization is a legitimate consideration to be taken into account when assessing the suitability of a staff member; however, as articulated in the relevant rules, it is ancillary to the...

Binding force of Ä¢¹½ÊÓƵAT judgments: Judgments of the Appeals Tribunal are binding upon the parties. Their binding effect is not restricted to the orders provided under the ¡°Judgment¡± section, but also extends to the other operative paragraphs, which set out the major considerations for the determinations made. Articulation of the interest of the Organization and the criteria for conversion: The interest of the Organization is a legitimate consideration to be taken into account when assessing the suitability of a staff member; however, as articulated in the relevant rules, it is ancillary to the...

The Ä¢¹½ÊÓƵDT found, on the one hand, that Ä¢¹½ÊÓƵAMA decision to close the case given the conclusions of the investigation constituted a valid exercise of discretion by the Administration, and that the Organization did not breach the Applicant¡¯s rights by not sharing the full investigation report with her. On the other hand, the Tribunal found that Ä¢¹½ÊÓƵAMA failed to take diligent action with respect to the Applicant¡¯s complaint and that it incurred inordinate delays both in reviewing and assessing the Applicant¡¯s complaint and in setting up a fact-finding panel and conducting the investigation into her...

The Tribunal found that the Guidelines were not applicable to the recruitment of Ä¢¹½ÊÓƵLB GS local staff, because Ä¢¹½ÊÓƵLB is not an ¡°established mission¡± and, therefore, does not fall within their remit; additionally, the Guidelines were never duly issued at ULNB. In fact, given that Ä¢¹½ÊÓƵLB is not a peacekeeping operation or a special political mission, GS staff recruitments are covered by ST/AI/2010/3 and do not fall, as argued by the Respondent, in a lacuna of law,. The Tribunal further found that the time-in-grade requirements were abolished long ago and are contrary to norms of superior legal...

Receivability: The Tribunal concluded that MEU had taken a rather restrictive view of the nature of the Applicant¡¯s request when it deemed it to be irreceivable. While it cannot be disputed that the Applicant requested closure of the investigation against him, and the investigation was closed, he also listed a number of instances that, in his view amounted to ¡°violations of procedural fairness¡±. The procedural matters did not exist in a vacuum but were connected to the investigation. The closure of the investigation notwithstanding, the Tribunal found that there were still live issues that...

The Tribunal found that the Applicant has discharged the burden of proof in showing that her non-selection for the upgraded post and her subsequent separation from the Organization were motivated by bias, procedural breaches, retaliation and other improper motives. Procedural flaws - The Ä¢¹½ÊÓƵIFEM Selection Guidelines were not complied with during the selection process. The Tribunal found several procedural flaws in the selection process. Priority Consideration - Priority consideration is only to be exercised if an Applicant entitled to it is recommended for appointment following an interview...

The Ä¢¹½ÊÓƵDT noted that in her 2011 and 2012 ePAD (performance document), the Applicant had received positive ratings, and that the 2013 ePAD was never finalized. The applicable performance management system (PAMS) requires the finalization of the ePAD in case of non-renewal of appointment for reasons related to performance. Accordingly, since Ä¢¹½ÊÓƵHCR had failed to follow its rules with respect to performance evaluation and performance management, including mediation protocols, and, furthermore, the ¡°alternative¡± process followed by Ä¢¹½ÊÓƵHCR did not provide an equivalent standard of safeguards...