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The irregularities detected in the selection process were of such gravity¡ªnot keeping any written record of the contested administrative decision, an undefined decisionmaker, and flawed reasons and justifications¡ªthat they cannot be regarded as minor procedural or substantive errors that did not impact the outcome of the non-selection decision. Accordingly, the Respondent was not been able to minimally show that the Applicant¡¯s candidature for the post was fully and fairly considered. Four other candidates had been shortlisted for the written test for the relevant post. Had the Applicant...

The Tribunal found that the Applicant was wrongly evaluated against unpublished criteria, discretionary authority to cancel the RFR job opening was misused and abused and the Applicant was not afforded a fair chance at adequate and impartial consideration, the Tribunal finds that the applicable Regulations and Rules were not applied in a fair, transparent and non-discriminatory manner. The Applicant met and exceeded the requirements for the JO but the RFR was improperly cancelled. The Tribunal found that the presumption of regularity of the hiring manager¡¯s actions has been rebutted and that...

The Tribunal concludes that the contested decision, lawful or not, does not result from a disciplinary process and is therefore not exempted from management evaluation. Accordingly, in application of staff rule 11.2, the Applicant ought to have requested management evaluation before filing his appeal before this Tribunal. Having failed to do so, the application is not receivable ratione materiae.

The act of cheating in which the Applicant engaged did not necessitate the use of her Ä¢¹½ÊÓƵDP email address. Therefore, the use of the Ä¢¹½ÊÓƵDP email address is a distinct and separate from assisting AA in cheating. Considering that the Applicant was a senior staff member, that she had a personal interest in the outcome of the tests in that the person she assisted was her partner, and that the assistance that she provided was significant as she provided AA with full written answers to the test questions, which he then almost completely copied and submitted, the nature and gravity of the Applicant¡¯s...

Whether the Applicant¡¯s performance was managed or evaluated in a fair and objective manner The Tribunal notes that the Applicant has adduced evidence of possible bias and lack of objectivity in the evaluation of his performance by the FRO and the SRO¡­ Even assuming that the FRO and the SRO evaluated the Applicant¡¯s performance in a fair and an objective manner, they certainly failed to ¡°proactively assist¡± the Applicant to remedy his performance shortcomings in accordance with section 10.1 of ST/AI/2010/5. Moreover, the undisputed interpersonal issues between the Applicant and his FRO have...

Ä¢¹½ÊÓƵDT denied the Applicant¡¯s motion in which he sought the disclosure of an extensive amount of additional documents, as it was filed after the end of the collection of evidence and after the submissions of closing statements. Ä¢¹½ÊÓƵDT held that the contested non-renewal decision was unlawful because the provided reason for it, namely lack of funding, was not based on correct facts. It was therefore not necessary for Ä¢¹½ÊÓƵDT to examine whether the decision was tainted by ulterior motives, as also argued by the Applicant. Ä¢¹½ÊÓƵDT held that the most appropriate remedy for the Applicant would be rescission...

Whether the application is receivable The Tribunal considers that the issues concerning the eligibility of SPA and the timeliness of its request are questions for the merits and have no bearing on receivability. Thus, the core receivability issue before the Tribunal is whether the contested decision falls within the scope of art. 2.1(a) of its Statute. The Tribunal is of the view that the contested decision fulfils the test of Andronov. It has been ¡°shown to adversely affect the rights or expectations of the staff member¡± (see Michaud 2017-Ä¢¹½ÊÓƵAT-761, para. 50), and thus has a direct legal...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...

It is clear from ST/AI/1999/9 and the 11 February 2019 interoffice memorandum: (a) that sending a note to the Executive Office of the Secretary-General when selecting a male candidate instead of a suitable female colleague is a mandatory requirement as the verb ¡°shall¡± is used (b) that for ¡°review and discussion¡±, the relevant note to the Executive Office of the Secretary-General is to be submitted before¡ªand not after¡ªany selection decision is taken and (c) that in this note, the hiring entity is to explain and document why the ¡°recommended¡± male candidate is ¡°clearly superior¡± to any...

Even though the relevant legal framework provides no guidance on the procedure to be followed for a transfer decision, the general principle of good faith and fair dealings dictates that a staff member should typically¡ªand at a minimum¡ªbe consulted about such transfer before the final decision is made and priorly be provided with a genuine opportunity to comment thereon --As a matter of good faith and fair dealings, an administrative decision that significantly alters the terms and conditions of a staff member¡¯s employment should be notified to this person in a formal written decision --It is...