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The Tribunal found the Applicant¡¯s acceptance of the implementation of the agreement, his failure to raise the allegations of duress until well after two years after the mediation and his failure to proffer any supporting evidence, can only lead to the conclusion that the Applicant¡¯s claim of duress is devoid of any merit. Burden of proof - Where an Applicant alleges that an agreement was imposed upon him by duress, the burden lies on him or her to convince the Tribunal that such is the situation. Res Judicata - Where the subject matter of an application has been settled between parties...

The Ä¢¹½ÊÓƵDT found that the decision that there was ¡°reason to believe¡± that the Applicants may have committed misconduct was manifestly unreasonable, arrived at in breach of due process, and was thus unlawful. The Ä¢¹½ÊÓƵDT found that the Applicants¡¯ rights were not respected during the subsequent preliminary investigation. The Ä¢¹½ÊÓƵDT found that the decision to conduct an investigation against the Applicants and the manner in which it was carried out was tainted by procedural irregularity and manifest unfairness. The Ä¢¹½ÊÓƵDT found that the Applicants had engaged in protected activity, namely, reporting of...

The Tribunal found that the decision was lawful and that the case file did not allow concluding that it was tainted by favoritism for the selected, external candidate, inter alia, since the HM had initially recommended an internal candidate. Procedural irregularities: The decision not to convoke a shortlisted, internal candidate, who was not recommended by the HM, for a test and/or interview is in accordance with the applicable rules at Ä¢¹½ÊÓƵHCR. Ä¢¹½ÊÓƵHCR policy on comparative review is not applicable in cases of non-selection not involving the abolition of post. Discretionary authority: In...

The Applicant contended that the transfer decision was unlawful in that it was arbitrary and adopted and implemented in breach of mandatory procedures and that Ä¢¹½ÊÓƵCTAD senior management acted in bad faith and with ulterior motives when doing so. The Respondent submitted that the Ä¢¹½ÊÓƵCTAD senior management acted within its margin of discretion and on properly reasoned grounds based on the Applicant¡¯s skills and qualifications and the operational needs of Ä¢¹½ÊÓƵCTAD both in New York and Geneva. The Tribunal found that the reasons provided to the Applicant for his transfer were not justified by the...

With respect to the first contested selection process, the Ä¢¹½ÊÓƵDT found that the Applicant was properly considered for it but was determined as not suitable. With respect to the second contested selection process, the Ä¢¹½ÊÓƵDT found that the Respondent¡¯s explanation that the post was not filled due to reasons not related to the Applicant¡¯s candidacy was credible. The Ä¢¹½ÊÓƵDT rejected the application.

He alleged that the non-renewal of his appointment was based on discriminatory grounds, i.e. because of his Kurdish ethnicity, and not for reasons of force majeure, namely due to the occurred earthquake, leading to the subsequent closure of the Ä¢¹½ÊÓƵHCR office in Van/Turkey. The Ä¢¹½ÊÓƵDT found that the decision not to renew his appointment was lawful, as the Applicant failed to adduce evidence of any breach of his rights.

The Tribunal found that art. 17 does not refer to an evaluation by a medical practitioner selected by the Administration in cases of requests for reconsideration and that the Administration failed to follow the correct procedure when it did not convene a medical board. It further noted that the Administration could not, under art. 17, use an independent medical evaluation by a practitioner established in the framework of the initial assessment of a disability benefit under the Pension Fund Regulations. The Tribunal further stressed that the independent medical evaluation failed to address the...

The Tribunal concluded that the established facts did not legally amount to misconduct and that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore, a violation of her rights. Breadth of judicial review: When reviewing disciplinary matters, the role of the Tribunal is to look at all the facts, including the facts that came up during the investigation. Thus, the Tribunal is entitled to look at the manner in which the investigation was conducted; the facts gathered; the testimony of witnesses and the documentary evidence. ST/AI/371: The Tribunal noted that: (i)...

The Tribunal noted that the content of the notes taken by the three panel members echoed similar answers given by the Applicant, which is a clear indication that they reflect the interview as it indeed happened and the answers provided by the Applicant. The Tribunal was also provided with the list of questions asked by the Panel during all interviews, and noted that the assertions made by the Applicant that she was not asked exactly those questions as they stood were unfounded and not corroborated by any evidence. It recalled that it was well within the discretionary power of the Assessment...

Did the involvement of a retiree from the Organization in the pre-screening and short-listing process, and the competency-based interview, affect the propriety of the selection exercise?The Tribunal found that, while retirees should generally not be hired by the Organization if other options are available, the involvement of a retiree in the selection process did not in any way prejudice the candidacy of the Applicant. The Applicant was found to have met all the requirements for the post, was short-listed and was invited to participate in a competency-based interview. Further, the Applicant...