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The Tribunal found that the intervention of the head of department in the appointment of the selection panel constituted a procedural flaw in the selection process. Since the Applicant had not requested the rescission of the contested decision but only compensation, the Tribunal examined whether such irregularity had caused any damage to the Applicant. It found that the latter, who had been proposed for the post, had failed to establish any causal link between the procedural flaw in the selection process and his non-selection. Selection panel: Although ST/AI/2006/3/Rev.1 is silent on the...

It is clear from the reimbursable loan agreement that Ä¢¹½ÊÓƵAMID and WFP agreed on the Applicant¡¯s loan at the P-5 level. He thus had no reason to believe that he would be paid at the D-1 level or that he would be promoted to that level by Ä¢¹½ÊÓƵAMID. Although the Applicant was informed of his selection for the Deputy Director post, he never received a letter of appointment from Ä¢¹½ÊÓƵAMID which could have created contractual rights in his favour. The Applicant failed to demonstrate that Ä¢¹½ÊÓƵAMID made any promise to him or committed any fault for which it could be held responsible.

The Tribunal found that the contested decision did not appear prima facie unlawful and dismissed the application.

It was not disputed by the Applicant that what he contested was not a decision which was actually made. Rather, he challenged a possible decision (to require him to take a break in service) which would most likely be made by the United Nations Office at Geneva. The Tribunal considered that no decision had been made at the time when the Applicant filed his application. Consequently, the application was found irreceivable.

The decision to terminate the Applicant¡¯s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness. The Secretary-General¡¯s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract. The termination of the Applicant¡¯s appointment as a result of...

The decision to terminate the Applicant¡¯s contract was taken at the Mission level, without the delegated authority required by ST/AI/234 and was therefore unlawful. The post facto approval of the decision by the ASG/OHRM does not cure the unlawfulness.The Secretary-General¡¯s action of entering into a contract of employment with the Applicant for the reason only of securing termination indemnities for the Applicant does not appear to be supported by any Staff Regulation, Staff Rules or any known principles of an employment contract.The termination of the Applicant¡¯s appointment as a result of...

The Tribunal found that the decision to reassign the Applicant was an unlawful exercise or the Administration¡¯s discretion because, although the decision was based on her alleged poor performance, the Applicant¡¯s performance had never been evaluated in accordance with the established procedures. The subsequent decision not to renew her contract was flawed for the same reason. Whilst the official reason given was that the Applicant did not accept the post offered or apply for another one, the Tribunal found that the non-renewal decision was motivated by the Applicant¡¯s supervisors¡¯ assessment...

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...

An application for a suspension of action is in the nature of an injunction, the purpose of which is to maintain the status quo between parties until the order lapses. Article 10 of the Ä¢¹½ÊÓƵDT Statute states in no uncertain terms that there is no appeal against such an order. The Tribunal stated that the United Nations Appeals Tribunal (¡°Ä¢¹½ÊÓƵAT¡±) had opened the door to an appeal against a Suspension of Action (¡°SOA¡±) decision by stating that the prohibition to an SOA appeal against a decision was an exception. Ä¢¹½ÊÓƵAT meant thereby that it would be left at the discretion of the Ä¢¹½ÊÓƵAT whether an appeal...

The Tribunal recalled that the burden of proof lay on the Applicant and there was nothing on record to show that the contested decision was made on the ground of improper motives against the Applicant. On the contrary, it found that OCHA had acted in good faith.