The Tribunal found that the Applicant had submitted her request for management evaluation nearly three years after the events she was contesting occurred. The Tribunal, therefore, held that any blame for the failure of the Applicant’s case rests firmly at her own door.
The Applicant received notification in writing on 30 September 2002 that his fixed-term contract would not be renewed after its expiry on 31 December 2002. The Applicant should therefore have requested a management evaluation by 30 November 2002. The Applicant did not do so. The Applicant, however, requested a management evaluation on 23 October 2009, over seven-and-a-half years after receiving the administrative decision that his fixed-term contract would not be renewed beyond its expiry date. The Tribunal has held that it does not have the power to suspend or waive the deadlines for...
Outcome: Judgment for the Applicant. The 蘑菇视频DT ordered: (i) USD50,000 for the breach of the Applicant’s right to be properly considered for an appointment beyond 31 December 2005 and resultant harm; (ii) USD20,000 for anxiety and emotional distress. The Tribunal finds that the Respondent failed to give full, fair, and proper consideration to the Applicant’s candidacy, contrary to the unanimous recommendation of the Bureau of the COP. The 蘑菇视频DT found that had the Respondent followed proper procedure and afforded proper consideration, the Applicant stood a significantly high chance of receiving an...
The Applicant’s separations from service were the result of the expiration of his fixed-term appointments in the natural course of business. There were no legal provisions or administrative decision requiring that the Applicant take any breaks in service between his FTAs. The time period between his separation from service on one FTA and his re-employment on another FTA, which was not followed by any type of reinstatement, results in the Applicant’s continuity of service being broken. Therefore, one of the cumulative conditions of ST/SGB/2009/10, to have five years of continuous service before...
The 蘑菇视频DT found that the reason provided by the Administration for the non-renewal was not supported by the facts and that the decision was indeed based on extraneous factors. The decision of the ITC Senior Management Committee to merge several existing programs was never really implemented. A generic P-4 post was advertised in early 2012 under the new program, and funded through budget lines already available when the decision not to extend the Applicant’s appointment was taken. The available evidence shows that the real motive of the decision was the fact that the Applicant’s supervisor...
The Tribunal reasoned that when seeking to challenge a policy, it was imperative that an applicant was specific in identifying how that policy had adversely affected him. A broad brush suggestion that a particular policy was discriminatory was not sufficient for purposes of litigation. The Tribunal emphasized that it was not in the bisuness of reviewing policies within the Organization, except where an Applicant clearly demonstrated that a specific decision had been made, which was adverse to his or her interests, in furtherance of that policy.; In light of the above, the Tribunal concluded...
The 蘑菇视频DT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.
The 蘑菇视频DT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.
The 蘑菇视频DT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.
The 蘑菇视频DT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.
