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Jurisdiction over decisions of the Ethics Office: The work of the Ethics Office is delicate in nature and its functions have a direct impact on staff member¡¯s rights. Therefore, in view of the case law of Ä¢¹½ÊÓƵAT, the decision of the Ethics Office is an administrative decision and the Tribunal has jurisdiction to review such a decision. Duration for conducting a preliminary assessment by the Ethics Office: The nature of the work of the Ethics Office requires timely reaction for effective protection of any ¡®whistle-blowing¡¯ activity. Although the duration of 45 days mentioned in section 5.3 of ST...

The Applicant was not qualified to address Ä¢¹½ÊÓƵDT because, at the time of the disputed facts, she was neither a serving nor former staff member within the meaning of Article 3.1 of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵDT accordingly disclaimed jurisdiction in this case and dismissed the application.

The Applicant submitted, inter alia, that as a result, his right to participate as a candidate for leadership in the Ä¢¹½ÊÓƵSU through a free and fair election process and his right to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 Ä¢¹½ÊÓƵSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not...

The Applicant submitted, inter alia, that as a result, his rights to free and fair elections and to equitable representation in the Staff Union were irreparably compromised. As a remedy, the Applicant sought ¡°an independent, impartial, and thorough investigation overseen by the Dispute Tribunal to determine whether there is sufficient evidence to conclude that the 2011 Ä¢¹½ÊÓƵSU election results are safe. If the results of an independent investigation support the Applicant¡¯s contention that the election results are not safe, then the Applicant respectfully requests the Dispute Tribunal to order new...

The Ä¢¹½ÊÓƵDT examined its competence over the matter and found that it does not have jurisdiction over claims concerning individual contractors/consultants/national experts. As a result, the Ä¢¹½ÊÓƵDT rejected the application by summary judgment without consideration of its merits.

The Ä¢¹½ÊÓƵDT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.

The Ä¢¹½ÊÓƵDT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The Ä¢¹½ÊÓƵDT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵDT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the Ä¢¹½ÊÓƵDT on account of her being a former staff...

The Ä¢¹½ÊÓƵDT found that the decision of ESCAP to employ the external candidate on the maternity leave post, prior to advertising the vacancy, for the initial period of 1 February to 31 March 2011 and for one more month subsequently, while the selection process for the maternity leave post was ongoing, was lawful. The application was dismissed.

The Applicant filed a motion withdrawing his application and requesting that the case file be placed under seal. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate. The Ä¢¹½ÊÓƵDT found that, given the already confidential status of the Tribunal¡¯s case files, the Applicant¡¯s request to place the case record under seal need not be granted. However, the Ä¢¹½ÊÓƵDT ordered that, taking into consideration the particular circumstances of this case, the Applicant¡¯s name be redacted from the Judgment.

Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.