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The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact...

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the...

The Tribunal concluded that: (a) the selection process for the post of D/ACGSD was not handled correctly and lawfully due to apparent bias on the part of the ASP and that he suffered prejudice/damage as a result; and (b) the Applicant was not the victim of harassment and discrimination in relation to this case. Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. The Tribunal concluded that the Advisory Selection Panel (ASP) in the present...

Legitimate expectation: The Tribunal held that while a legitimate expectation can be created by an express promise on the part of the Organization, given the special nature of fixed-term contracts within the Organization an expectation of contract renewal may also be based on the surrounding circumstances, including the practices of the Organization. In view of the foregoing, the Tribunal concluded that since there was a practice of renewing the Applicant¡¯s fixed-term appointment, he was entitled to expect its continued renewal unless there was a legitimate reason for not renewing the...

Relying on articles 7 and 34 of the Rules of Procedure, the Tribunal found that the Application was not receivable because the Applicant had filed it one day late.

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...

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...

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...

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...