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Nowhere in the Ä¢¹½ÊÓƵHCR Policy is using interviews or written test to appraise the competencies and/or qualification of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when ¡°the appointment of an external candidate is being considered¡± as it is stated that in such circumstances ¡°the applicants (external and internal) selected by the manager will be interviewed¡± (emphasis added). It is further stated that a ¡°[w]ritten test may be required¡± (see sec. 71). The fact that the Ä¢¹½ÊÓƵHCR policies make no specific stipulations about whether skills, competencies and...

The reason given to the Applicant for the impugned decision, namely, the organizational restructuring at Ä¢¹½ÊÓƵFPA, is supported by the facts. Evidence shows that Ä¢¹½ÊÓƵFPA suffered the significant financial shortfalls, and Ä¢¹½ÊÓƵFPA, facing such a precarious financial situation, undertook the genuine organizational restructuring which resulted in the abolition of the Applicant¡¯s post and the termination of her appointment. While the Applicant claims improper motives, the Tribunal finds that she presented no supporting evidence and thus did not meet the burden of proof in this regard. The Organization¡¯s...

The Tribunal noted that the Applicant did not identify any operative part of Judgment Massi Ä¢¹½ÊÓƵDT/2016/100 that would not have been executed. Furthermore, Judgment Massi Ä¢¹½ÊÓƵDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi Ä¢¹½ÊÓƵDT/2016/100 and was not related to any of the remedies...

The Tribunal finds the Respondent¡¯s application for interpretation as an attempt to have the Tribunal re-examine its Order, which is not a proper way to seek a reversal or modification of the Tribunal¡¯s Order. As the Appeals Tribunal clearly stated, the exercise of interpretation under art. 30 of the Dispute Tribunal¡¯s Rules of Procedure is not an avenue for review or the basis for a fresh judgment. It goes without saying that the motion is not receivable and must be dismissed. The Administration provided some reasonable explanation for the contested decision, which is supported by evidence...

1)Disciplinary sanction The Applicant failed to disclose that her husband had been employed by Ä¢¹½ÊÓƵICEF vendors during the Applicant¡¯s employment with Ä¢¹½ÊÓƵICEF and these material facts on which the disciplinary measure was based have been sufficiently established and were not in dispute between the parties. The legal framework is sufficiently clear in determining that a conflict of interest may exist even where there is only the possibility that the staff member or the private business with which he or she may have association could benefit from such association. The Administration properly...

The Tribunal found the application receivable because the Applicant filed a timely request for management evaluation. Additionally, the Tribunal was satisfied with the Applicant¡¯s documentation regarding technical issues with the e-Filing portal that he filed to support his claim of exceptional circumstances for filing his application late. Lastly, to the extent that the resignation of the Applicant was instigated by the Respondent or his agents, the Tribunal found that this was an administrative decision capable of being challenged. The Tribunal found that the Applicant had misrepresented his...

The Applicant¡¯s appeal against the decision to place her on administrative leave is not receivable since she failed to file a request for management evaluation as required. The Tribunal found that on the preponderance of the evidence, the Administration failed to demonstrate that the Applicant shouted at two staff members as charged. It was only established that the Applicant ¡°expressed irritation¡± toward one staff member and she ¡°lost her cool¡± and ¡°spoke sharply¡± to another staff member. The Tribunal found that these behavior did not amount to harassment or abuse of authority and thus did...

1)Whether the facts on which the disciplinary measure was based have been established: Transmission of pornographic images: Regardless of the Applicant¡¯s intent, the Tribunal found that it is established by clear and convincing evidence that he transmitted pornographic images (images of male genitalia) to and from his Ä¢¹½ÊÓƵ Women email account. Incidents involving Mr. SL: Considering the entire evidence, the Tribunal found Mr. SL¡¯s accounts credible which were corroborated by other evidence. It was established by clear and convincing evidence that the Applicant inappropriately touched Mr. SL and...

The Tribunal found that the Administration discharged the burden of establishing that misconduct had occurred with regard to most of the allegations and that the established facts legally amounted to misconduct under the regulations and rules. There were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant.

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...