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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in fact or in law in finding that the Appellant did not request management evaluation of the disputed decision and that his application was therefore not receivable. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the Appellant did not have standing to challenge a decision affecting his right to consultation as a staff representative. Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate any error of law or fact committed by Ä¢¹½ÊÓƵDT in arriving at its judgment that his application was not receivable regarding the fact that the contested decision had no direct legal consequences...

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Modey-Ebi. Ä¢¹½ÊÓƵAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. Ä¢¹½ÊÓƵAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

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...

A re-trial would be unduly wasteful of time and resources. The Respondent was adequately represented especially as no oral evidence was tendered by the Applicant and the issue of cross- examining a witness did not arise. Full equality was accorded the parties in the circumstances. The onus lies on the Respondent to show that the provisions of ST/AI/2006/3 had been complied with in this case in order to prove that the Applicant was fully, fairly and properly considered. This onus has not been discharged.The Applicant¡¯s candidature was not considered at the 15-day mark as required by the...

Reassignments: Staff regulation 1.2 grants broad discretion to the Secretary-General in making reassignment decisions. However, such discretionary power is not unfettered: it is subject to respect for due process, and the absence of bias, discrimination, arbitrariness, or other extraneous motivations. While section 2.4 ST/AI/2006/3.Rev.1 envisages only lateral transfers to vacant posts, it does not preclude other kinds of transfer to be lawfully made. The decision contested in the present case does not contravene the said section 2.4, but falls beyond this provision¡¯s purview and, therefore...

Ä¢¹½ÊÓƵDT reiterated that, as it had held in Adorna Ä¢¹½ÊÓƵDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. Ä¢¹½ÊÓƵDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

The Secretary-General¡¯s decision to allow the applicants to resubmit their cases to the CAC within 90 days was reasonable and fair. The CAC is the legitimate and appropriate body to hear the applicants¡¯ request for a review of a reclassification decision. In view of the JAB¡¯s report, the lack of information provided during the period in question and the respondent¡¯s silence in explaining the delays in the period from 2000-04, the Tribunal finds that compensation for the excessive delay in responding to the original request for reclassification is warranted, as is compensation for the breach of...

In the present judgment, Ä¢¹½ÊÓƵDT found that, in light of the circumstances of this case, the three months¡¯ net base salary paid to the Applicant for the lack of due process on the recommendation of the JAB report was insufficient. Ä¢¹½ÊÓƵDT found the procedural unfairness to be so grave that it warranted additional compensation in the amount of USD15,000 for the breach of the Applicant¡¯s procedural rights. With respect to compensation for actual economic loss, Ä¢¹½ÊÓƵDT held that the Respondent shall compensate the Applicant for the actual economic loss incurred by her and that the actual economic loss...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in Ä¢¹½ÊÓƵHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...

The respondent submitted documentary evidence showing that the applicant¡¯s post had been created, and the applicant recruited, specifically for the purpose of prosecuting the above-mentioned top Serbian leader. Accordingly, the Tribunal concluded that the decision to abolish the applicant¡¯s post and to terminate his fixed-term appointment had been taken in view of the necessities of service and constituted a proper exercise of the respondent¡¯s discretionary authority. Since it was established that the necessities of service justified the termination of the applicant¡¯s appointment, it was not...