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How to measure a loss of change. The Tribunal finds that, as stated in Niedermayr, the assessment of loss of chance is an inexact science, and the Tribunal must assess the matter in the round and arrive at a figure deemed to be fair and equitable having regard to the number of imponderables present in the case, including the chances of being selected. The Tribunal should take into account two matters: (a) the nature of the irregularity and (b), thereafter in the assessment, all the imponderables, noting all the while that this is an inexact science (Niedermayr). The Tribunal notes the...

No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.

If the Applicant had a duty of care in the given context, it would rather have been not to carry his personal iPad or wristwatch in his run bag, nor to attempt to retrieve them from his residence in the midst of a dangerous emergency evacuation. On the contrary, had the Applicant done so, this may well have amounted to negligence.; The Tribunal finds therefore that, in the exercise of its discretion, the Administration did not take into account, or give due regard to all the aforesaid circumstances surrounding the loss of the Applicant¡¯s property. In particular, there was no requirement...

Filling of a vacancy by a lateral transfer: The choice of filling a post by lateral move¡ªwithout going through a fullfledged competitive selection process¡ªis provided for by sec. 2.5 of ST/AI/2010/3 and does not per se violate any of the superior rules prescribing the goal of ensuring the highest standards of efficiency, competency and integrity. Nevertheless, as any discretionary decision, such course of action must not be arbitrary, capricious, tainted by improper motives, based on erroneous or irrelevant considerations, procedurally flawed or resulting in a manifestly unreasonable outcome...

The Ä¢¹½ÊÓƵDT found that the decision to deny the Applicant¡¯s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant¡¯s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...

The Tribunal found that the Organization¡¯s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

The Tribunal concluded that, based on the inconsistencies identified in the complainant¡¯s statement during the investigation, together with the absence of his testimony during the appeal, as the only direct witness apart from the Applicant, the complainant¡¯s version of facts did not corroborate the other witnesses¡¯ statements, except for one witness, who had only an indirect knowledge of the alleged incident. The Tribunal concluded that there was no reasonable link between the alleged physical assault and the existing injury. The Tribunal further concluded that the procedure followed was...

The Tribunal found that the Administration did not respect its obligation pursuant to staff rule 9.6(e)(i) and 9.6(f) to retain the Applicant and the Applicant¡¯s correlative right to be retained in any available suitable post at her level (G7 step 10) or at a lower level in Ä¢¹½ÊÓƵHCR NY, or at her Professional level or lower in the parent Organization. The Tribunal granted the Applicant¡¯s claim in part, rescinding the contested decision and ordering the Respondent to retain the Applicant with retroactive effect from 31 December 2016 in any current suitable available post(s), or in alternative, the...

The Tribunal found that the standard of review in Kulawat, though it was applied in a case regarding conversion to a permanent appointment, can also be applicable mutatis mutandis to cases of continuing appointments because to be considered for either of the types of appointments staff members must fulfil certain eligibility requirements laid down in bulletins and administrative instructions. The Tribunal stressed that the existence of an ¡°expectation of re-appointment¡± between two short-term contracts does not in itself create ¡°a continuous service¡± in a staff member¡¯s employment. The...