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Ä¢¹½ÊÓƵAT disagreed with Ä¢¹½ÊÓƵRWA DT and found the supervisor¡¯s request to the Agency to grant the staff member a special allowance also constituted an implicit request from the staff member himself. Ä¢¹½ÊÓƵAT reasoned that not only did the supervisor act upon the express request of the staff member when he sent the recommendation to the Agency, but it was also apparent and self-understood that both the staff member and the supervisor were a party to the process. Additionally, in this particular case, it is the staff member who followed up with the Agency regarding the status of the supervisor¡¯s request...

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...

The application for deferral of judgment pending the outcome of the appeal is refused. The Respondent is to appoint an official of at least the rank of USG to consider afresh the complaints of the Applicant in respect of the conduct of the SG. The official is to launch an investigation, as appropriate, under staff rule 10.1 if it is reasonable to suspect that the SA acted in such a way as to justify the imposition of a disciplinary measure.

Accountability referral: the USG¡¯s conduct in dealing with the complaint of the Applicant and in giving evidence to the Tribunal is referred to the SG for...

In this case the initial inquiry was inadequate and affected by bias. Outcome: Applicant awarded USD20,000 for breach of contractual right. Parties directed to make submissions as to whether ST/AI/371 is still operative or has been implicitly appealed by ST/SGB/2009/7. Further hearing to decide as to whether USG¡¯s conduct should be referred to the SG for possible action to enforce accountability pursuant to art 10.8 of the Ä¢¹½ÊÓƵDT Statute.

Scope of the case. The Applicant¡¯s claims of harassment, sexual harassment and abuse of authority presented to the JAB were not independent claims in and of themselves, but merely constituted support for the Applicant¡¯s contention that her due process rights had been violated in the context of the non-renewal and non-extension. Considering the posture of the case presented to the JAB and on review by the Dispute Tribunal, the Tribunal is without authority to re-examine the investigation into the Applicant¡¯s sexual harassment charges. Exceptional case. With respect to the determination whether...

The filling of the Post with the ultimately-successful candidate cannot be characterized as a ¡°transfer¡±, be it lateral or not. The ultimately-successful candidate was therefore rather selected for the Post. Simply stated, the Post did not qualify as a lateral transfer. The Respndent employed the wrong procedure. The Applicants, although ranked behind the initially-successful candidate, were also ¡°suitable¡± candidates for the Post. The Tribunal finds that the selection exercise for the initially-selected candidate was improper. The Applicants having been deemed by the Tribunal as suitable...

From the pleadings of the Applicant, it is clear that at the time of the contested decision he was a staff member of Ä¢¹½ÊÓƵRWA. This entity does not fall under the jurisdiction of the Ä¢¹½ÊÓƵDT. At the time the cause of action arose, the Applicant would probably have been entitled to pursue any claim he might have had against Ä¢¹½ÊÓƵRWA before the former Ä¢¹½ÊÓƵ Administrative Tribunal. Since the cause of action arose in Ä¢¹½ÊÓƵRWA, the element of ratione materiae of the Ä¢¹½ÊÓƵDT is not satisfied because the Applicant should have filed his application against the Commissioner General as the Chief Executive Officer of...

Based on the JAB recommendation, the Secretary-General had previously awarded the Applicant the amount of USD23,400 (three months net base salary) in compensation for an error in the consideration of her academic qualifications during the selection process. The Tribunal found that, in addition to the above-mentioned error, a number of substantial procedural irregularities had tainted the selection process, including the fact that the Senior Review Group had failed to pre-approve the evaluation criteria as required by ST/AI/2002/4 and met without having developed and published its own...

Applicant¡¯s request for a swap of posts and for priority consideration: The Tribunal¡¯s Statute does not authorize it to issue such orders to the Administration. Applicant¡¯s request for an internal review of Ä¢¹½ÊÓƵDSS: The Tribunal¡¯s mandate is to enforce the individual rights of applicants; it does not behove the Tribunal to oblige the Administration to remedy problems it may identify in the functioning of the Organization. Applicant¡¯s request for determination of individual responsibilities: Assuming the Applicant intended to rely on article 10.8 of the Tribunal¡¯s Statute, such article allows the...

The Tribunal found that the PCO¡¯s role was vitiated by bias towards the Applicant, the evaluation of the Applicant was not objective, the selection exercise was unlawful and the Organization failed to discharge the burden of presumption of regularity. Naming of names: The Statute does not define ¡°personal data¡±, but for the purposes of judgments, it is unlikely to include names. Applicants are routinely named by the Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT in the headings of published cases except in circumstances where anonymity is granted by the Tribunal. Bias: In the legal sense, may be actual or apparent but either...