Ģ��ƵDT/2012/123

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Starting date of the 90-day time limit to file an application: The Ģ��ƵDT Statute prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration��s response to the request for management evaluation. If the Administration replies after the response period for the management evaluation but before the expiry of the 90-day period, the 90-day period to file an application before the Tribunal starts running again from the date the response is given. Evaluation criteria: It is clear from ST/AI/2006/3/Rev.1 and the Guidelines for programme case officers on building vacancy announcements and evaluation criteria under ST/AI/2006/3/Rev.1 that the criteria to be used in evaluating candidates must be clearly stated in the vacancy announcement.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the ICTY, challenges the decision not to select her for a post of Judges�� Assistant in Chambers on the grounds that she had an apparent conflict of interest due to her former association with the Office of the Prosecutor. She received a response to her request for management evaluation after the expiry of the response period and she filed her application within 78 days from the receipt of this late response. The Ģ��ƵDT found that the application was receivable and that the Administration had erred in basing the non-selection decision solely on the criterion of appearance of a conflict of interest since this criterion had not been mentioned in the vacancy announcement. It awarded the Applicant 2,000 euros as compensation for her moral damage.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Neault

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement