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For the Applicant to claim pecuniary damages arising from his being transferred, or the reprimand being withdrawn whilst he was subjected to the JDC process, he must establish that he suffered actual economic harm. The Applicant could, for instance, have done so by identifying a specific promotion which he missed out on. The Tribunal finds that the Applicant has provided limited evidence of his exclusion from consideration for other posts. The Tribunal finds that being investigated for misconduct and having been issued with an administrative reprimand is more than likely to have negatively...

The Ä¢¹½ÊÓƵDT found that the policy or practice had no legal basis in any of the norms of the Organization and was thus unlawful. The Tribunal ordered the rescission of the policy in relation to the Applicant and moral damages of three months¡¯ net base salary. Enforcement of an unlawful policy or practice: Reports of the Fifth Committee do not carry the same legal force as General Assembly Resolutions. The Secretary-General is also not mandated, in the absence of an express statutory provision, to incorporate into a staff member¡¯s terms of employment any policy or recommendation from a Committee...

Reason for non-renewal of fixed-term appointment: The Organization enjoys broad discretion regarding restructuring measures, including the abolishment of posts. Non-renewal following the expiration of a fixed-term appointment can be based on the lawful abolition of a post due to reorganization activities.

Whether the decision being contested is the one taken by OHRM to separate the Applicant from service, or the earlier decision taken by Ä¢¹½ÊÓƵSPC, or the pending decision of the ABCC, there is currently no case that is pending management evaluation. There is also no substantive application before the Tribunal in relation to which this request for interim relief could be considered. In any event, art. 10.2 of the Dispute Tribunal¡¯s Statute provides that a suspension of the implementation of the contested administrative decision may not be granted in cases of termination, which includes separation...

The timely rescission of the publication of the Letter negated any potential harm or breach of the Applicant¡¯s rights that may have occurred in the present case.; The Administration took the implicit decision of not providing the Applicant with his requested remedy to the publication of the Letter.; For the Tribunal to grant the Applicant unfettered access to iSeek for the; purpose of publishing a rebuttal letter without having it reviewed by the iSeek team to make sure that it conforms with its publishing guidelines would be akin to the Tribunal ordering a potential breach of the iSeek...

The Tribunal finds that the Applicant has not identified any detrimental effects on him caused by the combination of the selection processes established or that he was; misled by the combined process.;. The Applicant did not meet one of the job requirements, therefore, he had no expectation of being selected against the posts.; In the absence of any prospect of being selected for the Posts, the Tribunal finds that the Applicant has not established that he suffered any harm from being considered along with other candidates.; Nothing on the record suggests that any of the questions that the...

The Tribunal notes that the Applicant has not submitted any evidence to support his claim that the Respondent was biased towards him and nothing in the case record suggests otherwise. His contention therefore fails.

The Tribunal rejects the Applicant¡¯s submission that the expert panel did not; have the authority to compile a list of recommended candidates to the Director of the department based on its assessment of all the candidates participating in the selection process.; There is no requirement in any of the regulations, rules or policies of the; Organization for all expert panel members to undergo training in competency-based interviewing.; The Tribunal concludes that the fact that one out of three members of the expert; panel who interviewed that Applicant had not received competency-based training...

The Tribunal held that since summary dismissal/termination may have been the possible outcome at the end of the disciplinary process, the Respondent had to establish by clear and convincing evidence that the daily casual worker (Mary) was transferred to MovCon as a result of the alleged sexual relationship between her and the Applicant. The Tribunal concluded that the facts upon which the disciplinary measure was based were not established and that the facts which were established did not legally amount to misconduct under the Regulations and Rules of the United Nations. Consequently, the...

The terms of settlement have been agreed between the parties, and the Applicant has confirmed that the said terms have been fully implemented and that there are no outstanding claims arising from the employment with the Respondent. In the circumstances, it is the judgment of the Tribunal that the case be closed.