Disciplinary investigations: are not criminal in nature and the evidential standards that apply to criminal investigations do not apply. The decision maker cannot exclude the evidence obtained by an unlawful interview from consideration but the weight of the evidence obtained in unfair or unlawful circumstances should be treated with the utmost caution.
Legal Obligations/Applicable rules: Rules affecting jurisdiction and remedies are not procedural but substantive in nature. A person cannot be entitled to remedies or be subject to penalties that come into force after the event in question. Protected activity: The criteria for determining whether a person has properly reported misconduct or engaged in a protected activity are not mere matters of procedure. A report of misconduct is the protected activity which is the very foundation of a claim for protection without which a claim cannot be considered. Retroactive application: As a matter of...
Performance Evaluation: The career management system is a system that required mutuality and cooperation from both the supervisor and a staff member. The processing of the Applicant¡¯s PAR was unlawful. It was completed in haste and in hindsight once a decision not to renew her contract was made. The finalisation of the PAR without any input from the Applicant was a serious breach of her right due process. The PAR had not been completed either at the time of the contested decision or the expiry of the Applicant¡¯s FTA and the Administration proceeded with its decision not to renew the Applicant...
Before the Tribunal, following its Judgment Johnson Ä¢¹½ÊÓƵDT/2011/144, as confirmed by the Appeals Tribunal in Johnson 2012-Ä¢¹½ÊÓƵAT-240, the Respondent does not contest anymore that the Applicant by using her foreign tax credit paid as a matter of fact part of the taxes due. The Respondent nevertheless refuses to reimburse to the Applicant the staff assessment deductions made, which the latter contests. The Tribunal finds in favor of the Applicant and orders the Administration to carry out a new calculation of the 2010 staff assessment deductions that ought to be reimbursed to her.
He alleged that the non-renewal of his appointment was based on discriminatory grounds, i.e. because of his Kurdish ethnicity, and not for reasons of force majeure, namely due to the occurred earthquake, leading to the subsequent closure of the Ä¢¹½ÊÓƵHCR office in Van/Turkey. The Ä¢¹½ÊÓƵDT found that the decision not to renew his appointment was lawful, as the Applicant failed to adduce evidence of any breach of his rights.
As the request for management evaluation was not filed within the time limit prescribed by staff rule 11.2(c), the Tribunal rejects the application as irreceivable.
The recovery was made on the basis that the Applicant did not complete the expected period of three months of service in Ä¢¹½ÊÓƵOCI upon return from his home leave. The Respondent submitted that the application was not receivable as the Applicant¡¯s request for management evaluation and application with the Ä¢¹½ÊÓƵDT were not filed within the filing deadlines. The Ä¢¹½ÊÓƵDT found that the Applicant having been found in Egglesfield Ä¢¹½ÊÓƵDT/2012/208 to be in continuous service, his employment remained continuous beyond three months after his return from home leave and any recovered lump sum for home leave should...
He alleges that the decision was discriminatory, since based on his Kurdish ethnicity, and not based on reasons of force majeure, namely the earthquake that occurred in Van in October/November 2011 and which led to the temporary closure of the Ä¢¹½ÊÓƵHCR office in Van. A hearing took place 0n 5 February 2013, during which the Applicant requested the Tribunal to call a witness to provide testimony concerning his claim that the decision was discriminatory. His request to have his witness heard was, however, not granted and Judge Cousin, in Judgment Kacan Ä¢¹½ÊÓƵDT/2013/025 of 19 February 2013, rejected...
The Applicant claimed that the Administration had implicitly accepted that he was suitable as he had not been excluded from the process at the stage when suitability was discussed. Hence, and given that the applicable Ä¢¹½ÊÓƵHCR recruitment rules provide for priority consideration of internal candidates, no external candidates should have been even considered. The Tribunal concluded that the Applicant did not meet the minimum educational requirements nor the required professional experience for the post; as such, he was not eligible and, thus, not suitable for the post. Despite him being an...
Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...
