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A summary judgment was rendered because, as per art. 9 of the RoP, there was no dispute as to the material facts and judgment was restricted to matters of law. As one of the Applicants did not file an application in person (art. 8.1 (b), 3.1 and 2.1 of Ä¢¹½ÊÓƵDT Statute) neither designated a counsel to act on his behalf (art. 12 of Ä¢¹½ÊÓƵDT RoP), his application was deemed as not receivable. Furthermore, considering that an apology is beyond the remedies which may be ordered by the Tribunal in accordance with art. 10.5 of Ä¢¹½ÊÓƵDT Statute, the application was declared as out of the Tribunal¡¯s mandate.

Ä¢¹½ÊÓƵDT rejected the Ä¢¹½ÊÓƵHCR¡¯s allegation that the rescission request to the Joint Appeals Board (JAB) was inadmissible as time-barred. In light of ST/AI/2005/12, Ä¢¹½ÊÓƵDT found that the Director of Ä¢¹½ÊÓƵHCR Medical Service had the authority to convoke the Applicant at any moment to undergo a medical examination to verify whether his state of health permitted him to discharge the functions he was assigned to. Ä¢¹½ÊÓƵDT noted that the Applicant fell ill and was placed on sick leave for an indefinite period by his personal doctor following an incident with his supervisor which occurred on 8 October 2007. Ä¢¹½ÊÓƵDT...

Receivability of the decision not to renew the appointment: In this case, the triggering point should have been the moment when the staff member was made aware by the Administration that there was no reasonable chance or possibility of renewal. Thus, it is the date when the applicant was notified of the termination of her contract; therefore, the application is receivable. Articles 13 and 14 of the Rules of Procedure: Since there is an ongoing management evaluation of the decision not to renew the applicant¡¯s appointment, the applicable interim measure to be ordered would be that under article...

Ä¢¹½ÊÓƵDT found that the applicant¡¯s case was limited to the amount of adequate compensation for the failure to adequately and timeously consider his complaint and that his other claims, including with respect to the termination of his appointment, were not properly before it. Ä¢¹½ÊÓƵDT found that the Administration was required¡ªbut failed¡ªto undertake an adequate and timeous initial inquiry into the applicant¡¯s allegations. Ä¢¹½ÊÓƵDT found that the applicant substantiated his claims of emotional distress and injury and must be compensated for it. However, Ä¢¹½ÊÓƵDT found that the applicant failed to show that...

The purpose of compensation: Since the very purpose of compensation is to place the staff member in the same position he or she would have been in, had the Organization complied with its contractual obligations, the Tribunal first determines the likelihood that the Applicant would have been offered a hypothetical new contract and thereafter the characteristics of it. Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had...

Compensation: The elements of Applicant¡¯s compensation were: applicable salary, plus post adjustment, less staff assessment, less pension contribution made by Applicant, less amounts paid to Applicant on separation, less mitigation damages earned by Applicant, plus accrued vacation, plus personal distress award of USD4,000, plus e-PAS violation of USD6,000. Pension: Since, based on the facts from Beaudry Ä¢¹½ÊÓƵDT/2010/039, it was unlikely that the Applicant would have had her contract renewed until her retirement, the Applicant would not have qualified for any retirement benefits, including...

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all Ä¢¹½ÊÓƵ staff members were to be ¡°considered first¡±, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a Ä¢¹½ÊÓƵ staff member and the applicant challenged the decision to appoint them. At around the time of the applicant¡¯s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

An agency relationship exists between an interview panel and a Programme Manager or Program Case Officer, such that the Programme Manager is bound by the evaluation and recommendations of the panel provided that it acts within its terms of reference. The Administration had no prerogative or power to cancel the vacancy announcement for the reasons relied upon.

Outcome: Appeal upheld. Decision held to be a breach of staff regulation 2.1 and the principle of equal pay for work of equal value. Respondent ordered to pay compensation of the difference in salary, allowances and other entitlements between the applicant¡¯s current level and the level at which she should have been classified since the date she made her request. Respondent ordered to pay compensation for non-material damage due to frustration and humiliation compounded by delays at six months¡¯ net base salary.

There was substantial impact on the applicant¡¯s life and work, which was both foreseeable and a direct result of the breach. Injury to career prospects: It is reasonable to infer that the applicant will probably be promoted in due course and that this prospect has been delayed by his failure to achieve the position in Geneva. This is economic loss. The court proceedings were burdensome, stressful, and time consuming, but this matter is inextricably involved with the denial, up to the judgment, of the applicant¡¯s rights, and will be sufficiently recompensed as part of the award for the breach...