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The initial fact-finding investigation was fundamentally flawed, unreliable and a sham. The failure to conduct a proper investigation but to resort to arm-chair analysis and conclusions based on the unreliable initial fact-finding investigation was not only useless but constituted a violation of the provisions of ST/Al/371 and the Applicant's due process rights. The Preliminary Investigation Report is characterized by a lack of direct evidence from the alleged victims and a heavy reliance on second hand evidence made by third party witnesses. The IGO/Investigation Unit failed to establish...

The Tribunal took note of the fact that the management evaluation was completed on 29 September 2011, thus rendering moot the application for suspension of action filed on 28 September 2011. The application for suspension of action was thus rejected.

The Tribunal found that the application, in so far as it impugned a decision that had been rescinded, had to be rejected as irreceivable. Concerning the Applicant¡¯s claim for compensation for moral injury allegedly arising from the contested decision, the Tribunal considered that the causal effect between the Applicant¡¯s troubles and the contested decision had not been demonstrated by the medical certificates provided and thus rejected the claim, without ruling on its receivability. The Tribunal further rejected the Respondent¡¯s request for award of costs against the Applicant because it did...

The Tribunal finds in favour of the Applicant and orders the Administration to carry out a new calculation of the 2009 staff assessment deductions that ought to be reimbursed to her, without taking into consideration her foreign tax credit. Rules governing taxation: In the Organization, as in most national systems, only the deliberative assembly may set the amount of taxes. While the executive power is responsible for setting procedural rules applicable to the collecting of taxes, it is not for that power to take decisions which modify the amount set by the assembly. Hierarchy of the...

The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

Selection process: According to the APPB Procedural Guidelines, the APPB may recommend to the High Commissioner an eligible candidate who has not necessarily been proposed by the manager and the High Commissioner, in the exercise of his discretionary power, is not obliged to endorse the APPB recommendation and may appoint a staff member to a post provided s/he is eligible and her/his candidacy has been examined by the APPB. In the case at hand, the Applicant was not recommended by the Representative and this is the main reason for his non-appointment. The Tribunal has only a limited role in...

Receivability: Since the Applicant was a staff member of Ä¢¹½ÊÓƵOG when the contested decision was taken, it indeed affected his terms of appointment. The Tribunal is thus competent to examine the case in accordance with article 2.1 of its Statute. Selection procedure: Ä¢¹½ÊÓƵHCR based its decision on the advice of Ä¢¹½ÊÓƵDSS which did not grant clearance to the Applicant¡¯s candidacy. However, Ä¢¹½ÊÓƵHCR was not compelled to follow the advice of Ä¢¹½ÊÓƵDSS concerning the candidacy of the Applicant because this practice is not codified in any legal text of regulatory character. Hence, the contested decision is illegal...

The application was withdrawn by the Applicant.

The Tribunal, noting that the Applicant had failed to comply with the time limit set out in former staff rule 111.2(a), focused solely on whether there were ¡°exceptional circumstances¡± to warrant a waiver of the time limit. The Tribunal found that the Applicant¡¯s mere assertion that she was unable to follow-up and was incapable of submitting a reasoned appeal as a result of psychological and professional stress was inadequate to warrant a waiver of the time limits. Based on the limited submissions of the Applicant, the Tribunal was unable to establish any causal relation between her state of...

The Tribunal found that the decision of the Ethics Office had direct consequences for the rights of the Applicant so as to make it an administrative decision. Further, the Tribunal held that when a claim relates to issues covered by ST/SGB/2005/21, a staff member is entitled to certain administrative procedures, including judicial review of the administrative decision taken.