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The post of Director of Human Rights in Ä¢¹½ÊÓƵMISS was not a reclassification of the D-1 post held by the Applicant at Ä¢¹½ÊÓƵMIS but a new post created to meet the need of Ä¢¹½ÊÓƵMISS. It was classified as D-2 and the post held by the Applicant ceased to exist upon its abolition.; Given the importence of the Human Rights function in the new State, a D-2 post was justified. This was done in an objective manner having regard to the Secretary Council Resolution that governed the transition.; The evidence established that the consideration of the post of the Chief of Human Rights was done in conjunction with...

The 11 percent increase in the US Embassy salaries from June 2008 were properly factored into the calculations, but the 2010 increase fell outside the data range for the collection and consideration of data for the 2010 review. There was no evidence of ill motivation or breaches of the relevant rules and guidelines by the Administration.; The Administration did not breach any of the provisions of the Manual when it reached the decision concerning family expenditure surveys. The Office of Human Resources Management used the correct criteria for deciding if a spousal allowance should be created...

The Applicant argues that his non-selection for the D2 post constitutes an act of retaliation for having denounced misconduct on the part of Ä¢¹½ÊÓƵCTAD Officials. Since the two applications relate to the situation faced by the Applicant subsequent to the admitted retaliation, the Judge decided that it was necessary to join the two applications and to render one single Judgment. The Tribunal found that the Applicant had not proven and the file did not allow concluding that the decision not to select him to the D2 post was based on extraneous factors or illegal. It further found that the SG had...

The Applicant submitted that seeing that the Secretary-General of the United Nations does not have any authority over staff rules at the Ä¢¹½ÊÓƵJSPF, the Pension Fund is not precluded from employing a candidate that was rejected by OHRM. The Ä¢¹½ÊÓƵDT found that the Ä¢¹½ÊÓƵJSPF and OHRM correctly applied the legal provisions by considering that OHRM was responsible for administering the selection process for a post located in the Ä¢¹½ÊÓƵJSPF and that the Applicant was not eligible for the post due to the fact that he held a post at a G-4 grade whereas the post to which he had applied was at the G-7 grade, three...

The Tribunal found that the contested decision was lawful and that the selected candidate met the required work experience for the post. Computation of part-time experience: The conversion of part-time work experience to relevant work experience is within the discretion of the administration as long as the method used is not arbitrary or irregular. Written tests: Though there are no established rules and or guidelines for the rating system and the distribution of points for a written test exercise, a hiring manager has discretion in developing a standard to be used to govern the awarding of...

MEU¡¯s decision was issued one month after the deadline for its issuance. Ä¢¹½ÊÓƵDT held that the Applicant could not be penalized for MEU being dilatory in its obligations. Ä¢¹½ÊÓƵDT held that this matter must properly be found to be receivable. Ä¢¹½ÊÓƵDT refused the Respondent¡¯s request to have the Application dismissed on grounds of receivability.

Disciplinary investigations: are not criminal in nature and the evidential standards that apply to criminal investigations do not apply. The decision maker cannot exclude the evidence obtained by an unlawful interview from consideration but the weight of the evidence obtained in unfair or unlawful circumstances should be treated with the utmost caution.

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...

Abuse of Process: Proceedings before the Tribunal are not the proper forum to advocate legal reform. Where the Tribunal determines that any applications before it are frivolous, vexatious and/or an abuse of the Court¡¯s process, it will not hesitate to visit sanctions upon the offending party as provided for in the Ä¢¹½ÊÓƵDT Statute. Vexatious Proceedings: An action may be held to be vexatious if it is obviously unsustainable, or frivolous, improper or instituted without sufficient ground to serve solely as an annoyance to the Respondent.

The Applicants argue that the facts were not established and that their actions did not amount to misconduct, since they were acting in self-defense or in defense of someone else. The Tribunal noted that video evidence, i.e. hotel security camera footage, constituted the only reliable evidence to establish the facts in the instant case and concluded that the Applicants, who were on an official mission at the material time, initiated the dispute and the physical altercation and did not act in self-defense when they assaulted a security guard. Accordingly, the Ä¢¹½ÊÓƵDT found that the facts...