Ä¢¹½ÊÓƵ

The 11 percent increase in the US Embassy salaries from June 2008 were properly factored into the calculations, but the 2010 increase fell outside the data range for the collection and consideration of data for the 2010 review. There was no evidence of ill motivation or breaches of the relevant rules and guidelines by the Administration.; The Administration did not breach any of the provisions of the Manual when it reached the decision concerning family expenditure surveys. The Office of Human Resources Management used the correct criteria for deciding if a spousal allowance should be created...

The post of Director of Human Rights in Ä¢¹½ÊÓƵMISS was not a reclassification of the D-1 post held by the Applicant at Ä¢¹½ÊÓƵMIS but a new post created to meet the need of Ä¢¹½ÊÓƵMISS. It was classified as D-2 and the post held by the Applicant ceased to exist upon its abolition.; Given the importence of the Human Rights function in the new State, a D-2 post was justified. This was done in an objective manner having regard to the Secretary Council Resolution that governed the transition.; The evidence established that the consideration of the post of the Chief of Human Rights was done in conjunction with...

The decision was taken on the grounds that the Applicant did not fulfill the educational requirements. The Applicant argued that the decision was made in retaliation of his activities as staff representative. The Ä¢¹½ÊÓƵDT found that the decision was illegal since documentary evidence showed that the Administration applied the notion of ¡°public administration¡± randomly and that based on the Applicant¡¯s educational credentials, he ought to have been invited to participate in the examination in question. The Ä¢¹½ÊÓƵDT found that the Applicant did not submit conclusive evidence that the decision was...

The Tribunal found that the decision was illegal and ordered that it be rescinded, and that the Applicant be granted USD3,000 as compensation for the material damages. Administrative decision/receivability ratione temporis The preliminary determination by an Interview Panel that a person is not eligible to apply for a vacancy announcement does not produce direct legal consequences and as such does not constitute an administrative decision for the purpose of staff rule 11.2(c) and art. 2(a) of the Tribunal¡¯s Statute. The statutory time-limit of staff rule 11.2(c) only starts to run once a final...

Staff rule 12/3(b) ¨C exception to staff rules: The Tribunal held that under the unique circumstances of this case, that is, the requests from MINURSO recognizing the Applicant¡¯s suitability for the post and the Mission¡¯s dire operational needs, for the Respondent to have properly complied with staff rule 12.3(b), the Applicant¡¯s existing educational qualifications along with his professional qualifications and language skills should have been considered regardless of whether or not they were equivalent to a high school diploma.

The Tribunal found that the Applicant was not entitled to any compensation for loss of earning and benefits because the case corned the Ethics Office¡¯s decision that the Applicant had not been retaliated against and not the circumstances regarding his separation from Ä¢¹½ÊÓƵDP. As for non-pecuniary damages, the Tribunal found that it was difficult to envisage a worse case of insensitive, high-handed and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights, including Articles. 1, 3, 6, 7, 8 and 9. Furthermore, the Tribunal found that the failures...

Failure to file a reply: The Tribunal held that when a Reply is due in accordance with art. 10.1 of the Ä¢¹½ÊÓƵDT Rules, the Respondent is required to comply with his obligation. He may not choose to file a Motion to have receivability considered as a preliminary issue or any other motion in lieu of his Reply. Subsequently, the only available remedy for the Respondent who fails to file a reply within the prescribed timeline is to seek leave of the Tribunal to be entitled to take part in the proceedings. Summary judgment: Noting that under art. 19 of the Ä¢¹½ÊÓƵDT Rules, a party is entitled to judgment...

As regards her e-Pas reports, the Tribunal found that the ratings resulting from the rebuttal processes had replaced the initial ratings and that hence the e-Pas reports cannot be annulled. Concerning the inclusion in the OSF of documents arising from the rebuttal processes relating to her e-Pas reports, the Tribunal found that only the documents specified in ST/AI/2002/3 and ST/AI/2010/5 are to be included in her OSF. It also found that the irregularities in relation to her e-Pas reports were of such gravity as to render them meaningless and that they are thus not be included in her OSF. The...

The Tribunal found that the Applicant had not suffered any material or moral prejudice. With regard to OSLA¡¯s refusal to provide her with legal assistance, the Tribunal found that the decision is not illegal since there was a conflict of interest . The Applicant is a staff member of OSLA and her application before the Tribunal concerns a written reprimand issued by her immediate supervisor, the Chief of OSLA.

The Respondent contended that the allegations of sexual harassment had been established after a proper investigation, that the disciplinary measures were appropriate and proportionate and that the Applicant had agreed to the imposition of these disciplinary measures. The Tribunal found that: (1) The OHRM had mischaracterized the Applicant¡¯s offence as ¡°sexual harassment¡± rather than ¡°harassment¡± and failed to follow its own procedures in ¡°the Guidelines on consideration for conversion to permanent appointment of staff members of the Secretariat eligible to be considered¡±; (2) There was a...