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Ä¢¹½ÊÓƵAT held that the undisputed breach of confidentiality in the selection process provided rational grounds for the cancellation decision. Ä¢¹½ÊÓƵAT held that the fact that the Appellant had access to information about his test score and that he was perhaps seeking to influence the decision through the hiring manager, rendered the selection exercise problematic and unsatisfactory. Ä¢¹½ÊÓƵAT held that the perception was unavoidably created that the Appellant was inappropriately favoured with access to information about a decision concerning his interests and in respect of which he enjoyed no authority...

Mr. Krioutchkov appealed. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly held that the timing of the written test was justifiable in that holding the test at a set hour worldwide was a rational way of avoiding leaks of the test materials. The inconvenience to the Administration of accommodating different test schedules outweighed the inconvenience of Mr. Krioutchkov being required to adjust his schedule. The scheduling decision was accordingly reasonable. Moreover, having refused to participate in the written examination, Mr. Krioutchkov was estopped from challenging the non-selection decision. Ä¢¹½ÊÓƵAT found...

The Secretary-General filed an appeal. Ä¢¹½ÊÓƵAT granted the appeal and vacated the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that while the determination of which staff members should be compared is ¡°primarily guided by the functional title as per the staff member¡¯s letter of appointment¡±, there can be cases where the functional title does not reflect the actual functions performed as in the present case. In these circumstances, the CHRO must determine which individual falls into which occupational group. Ms. Barud¡¯s role and functions changed in May 2018 to a Facilities Management Assistant. Therefore, at the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that it was not competent to consider the application as far as it concerned the decision not to award Ms Megerditchian a service contract since such contracts were awarded to non-staff members. However, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in receiving the application in respect of a service contract. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its interpretation of the term priority consideration and that a promise of priority consideration in a job application did not by itself give rise to a legal right on the part of Ms...

As a preliminary matter, Ä¢¹½ÊÓƵAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General¡¯s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in exercising judicial review, may interfere with the exercise of the Secretary-General¡¯s discretion in disciplinary proceedings against a staff member on the ground...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that OIOS operates under the ¡°authority¡± of the Secretary-General but has ¡°operational independence¡±. Ä¢¹½ÊÓƵAT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also has no jurisdiction to do so, as it can only review the Secretary-General¡¯s administrative decisions. Ä¢¹½ÊÓƵAT, however, noted that to the extent that any OIOS decisions are used to affect staff members¡¯ terms or contract of employment, OIOS¡¯ reports may be...

Ä¢¹½ÊÓƵAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before Ä¢¹½ÊÓƵAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration¡¯s withdrawal of the offer of...

Regarding the allegations that Ä¢¹½ÊÓƵDT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, Ä¢¹½ÊÓƵAT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in rejecting the Appellant¡¯s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to put forward evidence that the selection process for the post for which she had applied had been vitiated by any irregularity or of the existence of bias or misconduct in considering her candidacy. Ä¢¹½ÊÓƵAT held that all the stages of the procedure had been followed and that the Appellant had benefitted from an objective examination and equal treatment to which all applicants are entitled. Ä¢¹½ÊÓƵAT held that, in view of the evidence, the Appellant had no real chance of being appointed or shortlisted between the three candidates recommended. Ä¢¹½ÊÓƵAT held that...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General of judgment Nos. Ä¢¹½ÊÓƵDT/2012/104 and Ä¢¹½ÊÓƵDT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment on receivability. On the merits, Ä¢¹½ÊÓƵAT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...