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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...

Receivability - The Application was found to be receivable. The Applicant has satisfied the requirements of art. 8.1(c) of the Dispute Tribunal¡¯s Statute. Whilst his request for management evaluation may not have been drafted in the most articulate legal language, the substance conveyed leaves no doubt, the Applicant did not want to be removed from his post and was not happy that it had been readvertized. The Respondent¡¯s objections on the grounds of receivability have no merit.

The Tribunal concluded that there were critical procedural irregularities that rendered the investigation and the contested decision unlawful. Procedural irregularities: The Tribunal concluded that: (i) in the light of the findings of the Inspection Mission, which investigated the same complaints as the Investigation Team, it was an abuse of discretion on the part of the Respondent to establish a second body and labeling it an Investigation Team to carry out the same exercise that had been carried out by the Inspection Mission; (ii) the Investigation Team committed a number of procedural...

The Tribunal concluded that there were procedural violations that rendered the investigation and the contested decision unlawful. The Tribunal ordered rescission of the decision or compensation of six months¡¯ net base salary in lieu of rescission. Due process and procedural fairness: The Tribunal concluded that the investigation into the allegations of sexual harassment and the subsequent disciplinary process were in breach of the procedures required by ST/SGB/2008/5 and the IGO Guidelines for Conducting Investigations and that these procedural errors were sufficiently grave to render the...

Receivability ratione personae: The Tribunal is not competent to hear applications filed by a (former) individual contractor, who was not a staff member, a former staff member or a person making claims in the name of an incapacitated or deceased staff member; such an application is not receivable, ratione personae.Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has timely requested management evaluation. Failure to file a timely request for management evaluation, when required, makes the...

Receivability - The Application was found not to be receivable since, in accordance with art. 8.4 of the Statute of the Dispute Tribunal, the Ä¢¹½ÊÓƵDT cannot waive the time limit to file an appeal, more than three years after the applicant¡¯s receipt of the contested administrative decision.

Receivability - The Application was found not to be receivable as the Applicant had failed to comply with the requirements of arts. 8.1(b)(ii) and 8.3 of the Statute of the Dispute Tribunal..

The Ä¢¹½ÊÓƵDT noted that in her 2011 and 2012 ePAD (performance document), the Applicant had received positive ratings, and that the 2013 ePAD was never finalized. The applicable performance management system (PAMS) requires the finalization of the ePAD in case of non-renewal of appointment for reasons related to performance. Accordingly, since Ä¢¹½ÊÓƵHCR had failed to follow its rules with respect to performance evaluation and performance management, including mediation protocols, and, furthermore, the ¡°alternative¡± process followed by Ä¢¹½ÊÓƵHCR did not provide an equivalent standard of safeguards...

The Tribunal found that although the requirements under the Policy and Procedures on Assignments and Promotions (¡°PPAP¡±) with respect to the level of detail/content of the minutes of the deliberations of the Senior Assignments Committee were only minimally met, this did not invalidate the selection process. The evaluation of both the Applicant and the successful candidate was made against the criteria as contained in the job description, based on the candidates¡¯ respective fact sheets, and not on any wrong assumptions or errors. The Tribunal found that the Applicant received full and fair...

The Tribunal deemed that it was established that in October 2013, the Applicant, a staff member of Ä¢¹½ÊÓƵHCR in Turkey, had travelled to Syria in her capacity as a member of a delegation of the Women International Democratic Federation, responding to an invitation received from the Syrian Arab Republic General Women Union. During that visit, she attended a meeting with the President of Syria during which she handed him a flag with the words ¡°Do not yield¡± in Turkish. A picture of that encounter was taken and published in a Turkish online newspaper. The Tribunal considered that in view of the clear...