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The Tribunal found that both the decision to remove the applicant from her post and the decision to place her on SLWFP constituted a proper exercise of the Secretary-General¡¯s discretion pursuant to former staff regulation 1.2 (c) and former staff rule 105.2 (a), respectively. However, the Tribunal also considered that keeping the applicant on SLWFP for four years and four months breached staff rule 105.2 (a), as it did not serve the interests of the Organization. The Tribunal further found that this breach had caused the applicant moral injury for which she should be compensated. Disguised...

The respondent had sufficient grounds to believe that the applicant had, by altering the form, breached a fundamental requirement safeguarding the integrity of the refugee resettlement programme of Ä¢¹½ÊÓƵHCR. This amounted to serious misconduct and was in breach of staff regulation 1.2. However, the failure to have due regard to independent evidence of an oppressive work environment and by not carrying out a proper investigation, as unanimously recommended in the JDC report, the Secretary-General effectively deprived himself of material which would have placed the misconduct in its proper...

[Case Ä¢¹½ÊÓƵDT/GVA/2009/33] The APPC omission to inform the applicant that his supervisor had sent a letter to it concerning his employment and to share its content with him does not constitute an administrative decision within the meaning of article 2.1 (a) of the Tribunal¡¯s Statute. It thus falls out of the jurisdiction ratione materiae of the Ä¢¹½ÊÓƵDT. The decision not to renew the applicant¡¯s contract was already taken at that point. Hence, the letter to the APPC was merely internal communication; at the highest, it could be regarded as one step in a complexe procedure. [Case Ä¢¹½ÊÓƵDT/GVA/2009/40] The...

[Ä¢¹½ÊÓƵDT/GVA/2009/63 ]Contrary to what he contends, the applicant was not prevented from undertaking the separation procedures before the separation memorandum was issued. He was notified of the non-renewal of his contract nearly two months before his effective separation. Hence, the argument that the late issuance of the separation memorandum created such a situation that he was bound to work beyond the date of expiration of his appointment does not stand. The Organization offered him a reasonable chance to finalize the different separation formalities, both during the last two months of service...

Out of the various decisions that the applicant challenged, only those raised in the request for administrative request are receivable. Mere preparatory decisions may not be contested before Ä¢¹½ÊÓƵDT, in accordance with article 2, paragraph 1, of its statute. Indeed, those decisions are not of such nature as to affect the staff member¡¯s rights per se; they can be called into question in contesting the main/final decision, but not by themselves. Furthermore, since the applicant had already been promoted by the time he filed the present case, he had no legitimate interest to take legal action.

There may be cases that take longer to be heard by the Ä¢¹½ÊÓƵDT and that this may provide a reason justifying compensation beyond the two-year limit. This was such a case. Compensation in lieu of rescission was set at two years and 2 months¡¯ net-base salary. The Applicant¡¯s claim for compensation was excessive. It equated to over 13 years of net-base salary plus payment of a number of entitlements. Apart from being well outside the scope of compensation that might properly be ordered by the Tribunal, the Applicant¡¯s claim was predicated on the mistaken belief that but for the unlawful dismissal he...

The Respondent having conceded that his summary dismissal of the Applicant was a flawed decision, the only issue before the Tribunal was the matter of compensation and other entitlements due to the Applicant. The payment of a sum equivalent to two years net base salary to the Applicant in the circumstances was sufficient compensation for non-reinstatement. The Tribunal rejected the relief sought for an international posting in lieu of reinstatement or the payment of the equivalent of twenty-one years salary. The payment of a sum equivalent to six months salary to the Applicant was sufficient...

The Tribunal examined whether the compensation granted to her by the Respondent was adequate to provide reparation for the damage she suffered as a result of the irregularities committed. The Tribunal found that none of her allegations was proven. It considered that the Applicant did not suffer any material damage as a result of the contested decision and that the compensation already given to her was sufficient to repair any moral damage. Selection procedure: It is for the Administration to determine the suitability of each candidate and the Tribunal should not substitute its judgment to that...

The fact that OSLA counsel have fulfilled in the past other functions within the Organization does not generally disqualify them from discharging their new duties. Outcome: Application rejected on the merits

The contested decision was not, in itself, unfavourable to the Applicant since it did not prevent her from applying for the position again. The only decision which the Applicant would have had a legitimate interest in contesting, was the decision not to appoint her to the position she encumbered after its reclasification as Senior Career Management Assistant at the G-5 level. However, the Applicant did not contest this decision. The application was not receivable, since the Applicant did not have any legitimate interest in requesting the suspension of the decision to readvertise the position...