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The Tribunal found that there was no evidence that the transfer decision was arbitrary or based on improper motives. Administrative review/management evaluation: Requests for administrative review or management evaluation are mandatory first steps in the appeal process. In the case at hand, the only decision that was the subject of a request for management evaluation, and that is therefore properly before the Tribunal, is the decision to transfer the Applicant laterally from Cairo to Abu Dhabi. The Applicant¡¯s arguments regarding the unlawfulness of the decision to abolish his post and of...

i. Whether the Applicant¡¯s suspension of 26 May 2006 was lawful: The Tribunal found that the Chief of Security/Ä¢¹½ÊÓƵON unilaterally and verbally suspended the Applicant in breach of the Staff Rules at that time. It was noted that such a decision could only be made by the Assistant Secretary-General, Office of Human Resources Management (ASG/OHRM) who was the properly delegated individual. Further, the Applicant was not given reasons for his suspension and the suspension was not made in conjunction with a charge of misconduct. ii. Whether the Applicant was lawfully placed on SLWFP: The Tribunal...

The Applicant asserts, inter alia, that she was harassed and discriminated against and that her performance evaluation process was not in accordance with the established procedures. Ä¢¹½ÊÓƵDT found that the decision not to renew the Applicant¡¯s contract was based on lawful grounds and was not vitiated by any improper considerations or procedural errors. Ä¢¹½ÊÓƵDT found, however, that there was an unreasonable delay in the rebuttal process. Although this delay had no bearing on the lawfulness of the contested decision, it caused emotional distress to the Applicant, for which she shall be compensated...

Reassignments: Staff regulation 1.2 grants broad discretion to the Secretary-General in making reassignment decisions. However, such discretionary power is not unfettered: it is subject to respect for due process, and the absence of bias, discrimination, arbitrariness, or other extraneous motivations. While section 2.4 ST/AI/2006/3.Rev.1 envisages only lateral transfers to vacant posts, it does not preclude other kinds of transfer to be lawfully made. The decision contested in the present case does not contravene the said section 2.4, but falls beyond this provision¡¯s purview and, therefore...

Ä¢¹½ÊÓƵDT reiterated that, as it had held in Adorna Ä¢¹½ÊÓƵDT/2009/012, the Applicant¡¯s claims concerning the propriety of the letter of reprimand were not receivable and this case was limited to the following contested decisions: (i) the refusal to allow the Applicant access to the investigation report; (ii) the refusal to pay the Applicant¡¯s legal expenses; and (iii) the refusal to issue internal and public announcements acknowledging his exoneration. Ä¢¹½ÊÓƵDT found that the Applicant¡¯s request for the investigation report was reasonable and that the obligations of good faith and fair dealing required...

Inexplicably, the JAB in its report sua sponte addressed, as a formal issue before it, the handling of a privileged and confidential letter (¡°Confidential Letter¡±) that the Applicant¡¯s Counsel had sent to the Under-Secretary-General for OIOS (¡°USG¡±) regarding the pending JAB litigation. The JAB refused the Applicant¡¯s non-selection claim, but found that the Respondent owed the Applicant an apology for forwarding the Confidential Letter to some staff members. The Respondent subsequently affirmed the non-selection decision, but rejected the issuance of an apology regarding the distribution of...

The Tribunal finds that the decision to summarily dismiss the applicant is not tainted by any irregularity, that the facts are established, that they amount to misconduct and that the sanction of summary dismissal is proportionate to the seriousness of the misconduct. Ä¢¹½ÊÓƵDT jurisdiction: The Tribunal has no power to compel a person external to the Organization to appear before it as a witness. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine whether the procedure followed was regular, whether the facts in question are established, whether...

The main issue was whether time taken off during part of the workday should be counted towards the ¡°scheduled workday¡± and actual work (¡°hours of work¡±) requirements when calculating compensatory time off or additional payment for overtime. Ä¢¹½ÊÓƵDT found that time spent on annual leave, sick leave, or compensatory time off is not included in the actual work time, but is counted towards the scheduled workday. Ä¢¹½ÊÓƵDT found that DGACM¡¯s application of Appendix B to the former Staff Rules was correct and that the Applicants failed to explain how the allegedly unlawful amendments to DGACM¡¯s policy and...

The Applicant¡¯s challenge of his non-renewal is not receivable as no administrative review of this decision was sought. The Respondent failed to reasonably exercise the discretion to withhold or modify the Investigation Report (and Executive Summary). The parties will be directed to make submissions on appropriate relief.

Ä¢¹½ÊÓƵDT found that the Applicant did not challenge the non-renewal of her contract in a timely manner and also did not rebut her final e-PAS rating as partially meeting expectations, which rating must be accepted by Ä¢¹½ÊÓƵDT as final. Ä¢¹½ÊÓƵDT found that the Applicant was aware, during her employment, of the criticisms concerning her performance and that it would have been reasonable for her to conclude that performance-related factors may have been considered by the Administration in deciding not to renew her contract. Ä¢¹½ÊÓƵDT found that under Costa 2010-Ä¢¹½ÊÓƵAT-036 it does not have the power to waive or...