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The Tribunal finds that the selection process was flawed but that the Applicant has not established a causal link between the irregularity and the harm he claims to have suffered. Assessing the legality of the contested decision: When the Administration decides to use a specific procedure, it is bound to fully comply with this procedure. Thus, if the Administration had determined that applications for a vacant position would be assessed by a panel of five members, all five panel members should have actually participated in the assessment, and the failure to comply with the procedure resulted...

The Tribunal finds that the selection process was not flawed. Judicial review: In reviewing selection decisions, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where errors of fact or manifest errors in the assessment of the facts have been committed.Outcome: Application rejected on the merits

Noting that the Applicant had neither filed an application on the merits nor any other application with regard to this case file, Ä¢¹½ÊÓƵDT closed the case.

The Tribunal found that the Administration had fulfilled its obligation, stressing that the results in the tests indicated that the Applicant was less qualified for the posts than the other candidates. Receivability ratione materiae: Although the contested decision was made after the Applicant had ceased to be a staff member, it is directly linked to her separation and corresponds to the criteria set in the relevant jurisprudence of an ¡°administrative decision¡± subject to appeal. Priority consideration: A promise of priority consideration must be understood as giving priority only over other...

The Tribunal found that the provisions of ST/AI/1998/9 did not allow the reclassification of the Applicant¡¯s post and concluded accordingly that the Applicant had no grounds for contesting the refusal to reclassify his post. The Tribunal further found that the Administration¡¯s delays in notifying the Applicant of the reclassification decision, even though the decision was well-founded, had caused him to suffer moral damage, for which the Tribunal awarded EUR2,000.

The Tribunal noted that in reviewing disciplinary cases, its role is to examine: (i) whether the facts on which the disciplinary measure was based have been established; (ii) whether the established facts legally amount to misconduct; (iii) the proportionality of the disciplinary measure; and (iv) whether there was a substantive or procedural irregularity. Further, the Tribunal noted that in reviewing disciplinary cases, it must scrutinize the facts of the investigation, the nature of the charges, the response of the staff member, oral testimony if available and draw its own conclusions. The...

The Tribunal found that the intervention of the head of department in the appointment of the selection panel constituted a procedural flaw in the selection process. Since the Applicant had not requested the rescission of the contested decision but only compensation, the Tribunal examined whether such irregularity had caused any damage to the Applicant. It found that the latter, who had been proposed for the post, had failed to establish any causal link between the procedural flaw in the selection process and his non-selection. Selection panel: Although ST/AI/2006/3/Rev.1 is silent on the...

It is clear from the reimbursable loan agreement that Ä¢¹½ÊÓƵAMID and WFP agreed on the Applicant¡¯s loan at the P-5 level. He thus had no reason to believe that he would be paid at the D-1 level or that he would be promoted to that level by Ä¢¹½ÊÓƵAMID. Although the Applicant was informed of his selection for the Deputy Director post, he never received a letter of appointment from Ä¢¹½ÊÓƵAMID which could have created contractual rights in his favour. The Applicant failed to demonstrate that Ä¢¹½ÊÓƵAMID made any promise to him or committed any fault for which it could be held responsible.

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal¡¯s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

The Tribunal finds in favour of the Applicant and orders the Administration to carry out a new calculation of the 2009 staff assessment deductions that ought to be reimbursed to her, without taking into consideration her foreign tax credit. Rules governing taxation: In the Organization, as in most national systems, only the deliberative assembly may set the amount of taxes. While the executive power is responsible for setting procedural rules applicable to the collecting of taxes, it is not for that power to take decisions which modify the amount set by the assembly. Hierarchy of the...