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The Tribunal found that the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. The Application lacks merit and is accordingly refused. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by...

The Ä¢¹½ÊÓƵDT found that the Ä¢¹½ÊÓƵON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at Ä¢¹½ÊÓƵON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

In the course of the selection process, the post of Chief, IS, (D-1)¡ªwhose incumbent had been acting as Hiring Manager for the contested post¡ªwas being temporarily loaned to the Department of General Assembly and Conference Management (DGACM), for a period of more than ten months. Despite this vacuum, the Administration assigned a Chief of Section (P-5) as OIC, IS, for the whole period of the loan and derived from this status the authority to act as Hiring Manager in the selection process, including the submission of the recommendation memorandum for final selection to the Director-General...

In the course of the selection process, the post of Chief, IS, (D-1)¡ªwhose incumbent had been acting as Hiring Manager for the contested post¡ªwas being temporarily loaned to the Department of General Assembly and Conference Management (DGACM), for a period of more than ten months. Despite this vacuum, the Administration assigned a Chief of Section (P-5) as OIC, IS, for the whole period of the loan and derived from this status the authority to act as Hiring Manager in the selection process, including the submission of the recommendation memorandum for final selection to the Director-General...

The Applicant filed his request for management evaluation on 30 September 2013 and received a response from the management evaluation unit on 21 February 2014. His appeal was filed with the Tribunal on 22 May 2014. The question for decision by the Tribunal regarding the timely filing of the claim is not whether the MEU was dilatory in its response but whether the Applicant complied with the necessary deadlines under the Tribunal¡¯s Statute and Rules of Procedure. The Tribunal found that the application was not receivable. The Tribunal found that the applicable time limits for the filing of the...

It is not clear when exactly the decision was first notified to the Applicant. However, by email of 23 August 2013, a Senior Human Resources Officer clearly informed the Applicant of the decision and provided him with a comprehensive explanation on the rationale and the legal basis thereof. Thereafter, the Applicant contacted the Chief, HRMS, Ä¢¹½ÊÓƵOG, and the Director, Division of Administration, Ä¢¹½ÊÓƵOG, seeking reconsideration of his request. By email of 25 November 2013, the Chief, HRMS, noted that the Applicant would soon be informed of the outcome of HRMS consideration of his case. Moreover, on...

Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the Ä¢¹½ÊÓƵON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct...

Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the Ä¢¹½ÊÓƵON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct...

The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s explanations for how the missing card came to be in his possession were so far-fetched as to be unbelievable. He was shown to have had the opportunity to take illegal possession of the card and stood to make a pecuniary benefit from so taking it. There were several material inconsistencies in the Applicant¡¯s case and he was found not to be credible, contradicting himself in the course of the investigation and in his testimony before the Tribunal. The facts upon which the sanction was based were established and amounted to serious misconduct on the part of...

The Tribunal noted that the rebuttal process was still ongoing and that no administrative decision had yet been taken; it further found that the Ä¢¹½ÊÓƵFPA Rebuttal Policy was a regulatory instrument which was not of individual application and did not carry direct legal consequences on the Applicant; hence, these matters of the application were found to be irreceivable. Further, with regard to the Applicant having been denied access to the Ä¢¹½ÊÓƵ City Building on 13 February 2014, as well as the blocking of her emails after the end of her contract, the Tribunal noted that these events referred to...