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The Tribunal finds that the Applicants were misled in that they were not clearly informed, despite their inquiry, that their non-participation in the written test would be taken into consideration in the evaluation of their candidacies. Thus, the Administration violated its duty to act transparently and in good faith with the Applicants. The Tribunal finds that the Administration cannot reasonably take into consideration the performance of a staff member in separate recruitment exercises, even less so when such exercises took place several years prior. The performance in prior selection...

The Applicant¡¯s appeal against the decision to place her on administrative leave is not receivable since she failed to file a request for management evaluation as required. The Tribunal found that on the preponderance of the evidence, the Administration failed to demonstrate that the Applicant shouted at two staff members as charged. It was only established that the Applicant ¡°expressed irritation¡± toward one staff member and she ¡°lost her cool¡± and ¡°spoke sharply¡± to another staff member. The Tribunal found that these behavior did not amount to harassment or abuse of authority and thus did...

1)Whether the facts on which the disciplinary measure was based have been established: Transmission of pornographic images: Regardless of the Applicant¡¯s intent, the Tribunal found that it is established by clear and convincing evidence that he transmitted pornographic images (images of male genitalia) to and from his Ä¢¹½ÊÓƵ Women email account. Incidents involving Mr. SL: Considering the entire evidence, the Tribunal found Mr. SL¡¯s accounts credible which were corroborated by other evidence. It was established by clear and convincing evidence that the Applicant inappropriately touched Mr. SL and...

Have the facts on which the disciplinary measure was based been established? The evidence on record, including the investigation report, the coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the Applicant¡¯s contradictory statements, and the inherent probabilities of the situation in the working and living conditions, cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, the acts of sexual harassment. Do the established facts legally amount to misconduct? The Tribunal finds...

The Tribunal found that whereas Ä¢¹½ÊÓƵSOS had called upon the Applicant to comply with the court order under the sanction of deductions, in fact, there were no deductions decided or effected. Ä¢¹½ÊÓƵSOS¡¯s actions were only prefatory. The Tribunal, therefore, held that the application was not receivable for want of a reviewable administrative decision. The application was dismissed.

The impugned decision did not produce any direct legal consequence on the Applicant¡¯s terms of appointment or his contract of employment since he had an FTA which did not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of length of service. The Tribunal held that the Applicant¡¯s assertion that he had a legitimate expectation of a two-year contract renewal as was usually the case ran counter to the clear and consistent jurisprudence of the Appeals Tribunal that the renewal of the appointment of a staff member on successive contracts did not, in and of itself...

The impugned decision did not produce any direct legal consequence on the Applicant¡¯s terms of appointment or his contract of employment since he had an FTA which did not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of length of service. The Tribunal held that the Applicant¡¯s assertion that he had a legitimate expectation of a two-year contract renewal as was usually the case ran counter to the clear and consistent jurisprudence of the Appeals Tribunal that the renewal of the appointment of a staff member on successive contracts did not, in and of itself...

The issue at stake is whether the non-selection decisions were lawful and, if not, what remedies are to be awarded. The scope of the Tribunal¡¯s jurisdiction in selection and appointment matters is twofold: 1) to evaluate if the Administration has followed the pre-established procedures and staff members were given full and fair consideration and 2) to examine if the decision is not blatantly unreasonable, arbitrary or illegal. The Tribunal finds that the fact that the Administration decided to consider the result of the LABEL test when examining applications for the job opening does not amount...

The Tribunal found that the Administration discharged the burden of establishing that misconduct had occurred with regard to most of the allegations and that the established facts legally amounted to misconduct under the regulations and rules. There were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant.

The Tribunal held that there was no breach of the applicable procedures in the selection process. The Administration acted in accordance with the Ä¢¹½ÊÓƵIFIL guidelines for the selection of staff members. The Applicant was clearly given a full and fair consideration as demonstrated by the fact that she advanced through the process until the final stage. Accordingly, the application was dismissed.