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Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the application was moot as the Appellant had already received the relief she requested, namely, the repetition of the selection exercise and her participation in it. Ä¢¹½ÊÓƵAT found no reason to differ from Ä¢¹½ÊÓƵDT¡¯s approach. Ä¢¹½ÊÓƵAT supported Ä¢¹½ÊÓƵDT¡¯s recommendation that tests be protected against the possibility of editing or alteration and further recommended that the Organisation strictly complied with its legal framework, particularly with respect to not entrusting staff functions to consultants and/or individual contractors. Ä¢¹½ÊÓƵAT suggested that Ä¢¹½ÊÓƵDT and the Registries...

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...

The charge relating to the unauthorized use of the Ä¢¹½ÊÓƵON ID card to gain access to the Ä¢¹½ÊÓƵ premises in Nairobi was properly brought. However, before a conclusion was reached, the decision maker was required not simply to ask whether, as a question of fact, tax and duty free purchases were made by the staff member but also whether by doing so the staff member had the mens rea to abuse Ä¢¹½ÊÓƵ privileges and immunities or whether he genuinely believed, on reasonable grounds that he was entitled to have access to the Ä¢¹½ÊÓƵ Commissary. Based on the evidence, the Tribunal found that on the balance of...

Identification of contested decisions: An application must properly single out each and every administrative decision that an applicant wishes to contest in a clear and concise manner, failing which the application could be deemed irreceivable. Nevertheless, the Tribunal has an inherent power to individualize and define the administrative decision impugned by a party and identify what is in fact being contested.Promises binding on the Administration: Where a staff member claims that he or she had a legitimate expectation arising from a promise made by the Administration, such expectation must...

The Ä¢¹½ÊÓƵDT found that the decision to summarily dismiss the Applicant was wrongful. Assault: A charge of assault is a criminal charge and it was not within Ä¢¹½ÊÓƵICEF competence to investigate a criminal offence or a tort alleged to have been committed. Identification of staff members: The Tribunal took judicial notice of the fact that when an international staff member finds him or herself facing an imminent threat of physical harm or is placed in some other peculiar position especially in a foreign country, it is reasonable to identify oneself as a Ä¢¹½ÊÓƵ Staff Member. Sexual harassment: It is unusual...

Due process: The Tribunal held that there were two serious procedural flaws that violated the Applicant¡¯s due process rights: (i) the Ä¢¹½ÊÓƵICEF Handbook unduly restricted the grounds on which the Applicant could rebut her performance appraisal in a way not envisaged by ST/AI/2002/3; and (ii) By misinforming the Applicant and effectively causing her to abandon the other legitimate grounds of rebuttal she had intended to rely on, the Director of Human Resources flawed the whole rebuttal process. Rebuttal process: The Tribunal held that the rebuttal process was also flawed because the Rebuttal Panel...

Receivability Judgment Appealed: As the Applicant remains a staff member early resolution of this case is essential; the facts concerning the disciplinary case and the non-disciplinary issues of demotion are inextricably linked and all of the claims can be expeditiously heard together; the appeal against receivability will take several months to be resolved and will delay the determination of the disciplinary matter. Finally, the issue of receivability may be raised in an appeal against the final judgment on the merits. Written notice: Apart from the events which intervened, he suffered no...

The Tribunal rejected the Respondent¡¯s argument that this was a case of non-renewal and found that the Applicant¡¯s fixed-term contract was terminated on the grounds of alleged unsatisfactory performance for the period of 2007 to 2010. The Ä¢¹½ÊÓƵDT found that the performance evaluation report (¡°PER¡±) for 2010 cannot be lawfully relied upon to justify the finding of unsatisfactory performance as the Applicant had no opportunity of a meaningful rebuttal. Therefore, the termination of the Applicant¡¯s contract on the basis of poor performance was unlawful. The Ä¢¹½ÊÓƵDT also found that no proper...

The Tribunal held that the Applicant¡¯s claim regarding separation from service was not receivable ratione materiae. With respect to his non-selection, the Tribunal held that the Applicant had satisfactorily established that there was a flaw in the recruitment process and that this flaw had breached his right to due process. He was awarded 3 months compensation. Bias: The Tribunal concluded that by not shortlisting the Applicant initially due to an uninvestigated incident from 2009 it was obvious that the decision makers had already formed an adverse view of the Applicant. Consequently, doubt...

The Tribunal concluded that the contested decision was unlawful in light of extraneous factors and the Respondent¡¯s failure to adhere to the rules on performance.

Performance appraisal: The Tribunal noted that even before the Applicant¡¯s individual performance work plan had been approved by his first reporting officer; his second reporting officer was making efforts to terminate his contract. The Tribunal held that it was unreasonable and inappropriate for the Applicant¡¯s performance to be measured against outputs and performance indicators that had neither been defined nor approved by his...