蘑菇视频DT/2019/081, Barrie
As the matter was settled by mutual agreement, the case is closed.
As the matter was settled by mutual agreement, the case is closed.
The Tribunal’s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, “[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate”. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for this...
The Tribunal’s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, “[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate”. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. First, the Tribunal noted that the Applicant had failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would...
The Applicant’s appointment was not renewed due to the reclassification of her post from G-4 to G-6 level, and there was a legitimate reason for the reclassification, and thus abolishment of the Applicant’s post. The Applicant has not met her burden of proving that the contested decision was biased or was motivated by other improper purposes. There was insufficient evidence that the Administration made a firm commitment or express promise to renew the Applicant’s fixed-term appointment. The Applicant having provided no evidence of any harm, there is no basis for an award for moral damages.
The Tribunal finds that the rescission of the contested decision would not fully restore the status quo ante and would not provide adequate relief to the Applicant as the 蘑菇视频 Leaders Programme in Cape Town, South Africa, which the Applicant was registered for participation at, was presumably already held in September 2017. Similarly, the Tribunal finds that monetary compensation alone would not provide the Applicant with appropriate relief because of the nature of the non-pecuniary harm in this case, as well as harm not having been established or proved. Considering that the Director of Mission...
In the absence of any arguable point of law and given the binding rulings of the Appeals Tribunal in the aforementioned judgments on the Salary Scale Cases, the claims are dismissed.
In the absence of any arguable point of law and given the binding rulings of the Appeals Tribunal in Lloret-Alcaniz et al. 2018-蘑菇视频AT-840, Quijano-Evans et al. 2018-蘑菇视频AT-841 and Mirella et al. 2018-蘑菇视频AT-842, the claim is dismissed.
The Tribunal found the first application receivable because a response to the Applicant’s request for implementation of the award of the continuing appointment of which he was notified by Inspira on 3 November 2016 was only made by the MICT on 31 May 2017. The Applicant was still within the prescribed time limits of 60 days under staff rule 11.3(c) when he sought management evaluation on 11 July. On the merits, the Tribunal noted that the Applicant transferred from DPKO, which is part of the Secretariat, to the MICT. Before the said transfer, the Applicant had been invited by OHRM to...
The decision not to select the Applicant because of her rejection of the ICSC Chairman’s sexual advances constitutes its own distinct issue. The separate and independent issue of whether the selection process was tainted by the Applicant having allegedly rejected sexual advances of the ICSC Chairman has not been the subject of management evaluation to date as otherwise required by staff rule 11.2(a).
The Tribunal found that the main issues for determination in this matter were 1) whether a temporary job opening limited to “local recruitment only” is lawful, and 2) if the Applicant’s candidature was given full and fair consideration. On the first issue, the Tribunal found that the Respondent’s argument that pursuant to section 1.1 of ST/AI/2010/4 Rev.1 (Administration of temporary appointments) the Organization may limit temporary job openings to local recruitment cannot stand. It also found that there were no legal grounds for the Respondent’s assertion that limiting temporary recruitments...