Ä¢¹½ÊÓƵDT noted that the contested decision of 22 December 2010 was superseded by that of 31 March 2011 to allow the Applicant to exercise his right of rebuttal. Ä¢¹½ÊÓƵDT held that the Applicant was moot and decided to close the case.
Submissions on new issues after the trial, re-opening of litigation: Parties will not be permitted to re-open substantive litigation after the Tribunal has already rendered its judgment on liability and is dealing solely with the issue of compensation.The Tribunal will take into account the staff member¡¯s earnings during the relevant period of time for the purpose of calculating compensation.Interest for lost salary: Lost salary should be subject to interest on the basis that it would have been paid in separate monthly installments, with interest on each installment calculated in accordance...
Nature of misconduct charges: Although technically not criminal charges, a misconduct charge may carry overtones of criminal proceedings, where rights attendant to a fair trial attach. Equality of arms: equality of arms may be seen to be an indivisible element of a fair trial, requiring that a fair balance exist between parties involved in litigation. The principle warrants the assurance that each party to a dispute be able to prepare and present his or her case fully and adequately before the court.Outcome: The Tribunal found that the conditions of access proposed by the Respondent would...
The Tribunal held that the Applicant had not raised a prima facie case that the decision was arguably unlawful or that he would suffer irreparable damage from its implementation.
The application was withdrawn by the Applicant.
The Tribunal found that the Administration had erred in giving to the Applicant an appointment whose expiration date went well beyond his retirement age but that it duly rectified this error by separating him from service. It also found that the Applicant had been sufficiently compensated by the Respondent. Nature of contractual relationship: The contracts by which the Organization employs staff members are not regular contracts, given the particular relationship established between staff members and the Organization, and they are for the most part governed by the Staff Regulations and Rules...
The Tribunal found that the decision of the Ethics Office had direct consequences for the rights of the Applicant so as to make it an administrative decision. Further, the Tribunal held that when a claim relates to issues covered by ST/SGB/2005/21, a staff member is entitled to certain administrative procedures, including judicial review of the administrative decision taken.
The Tribunal, noting that the Applicant had failed to comply with the time limit set out in former staff rule 111.2(a), focused solely on whether there were ¡°exceptional circumstances¡± to warrant a waiver of the time limit. The Tribunal found that the Applicant¡¯s mere assertion that she was unable to follow-up and was incapable of submitting a reasoned appeal as a result of psychological and professional stress was inadequate to warrant a waiver of the time limits. Based on the limited submissions of the Applicant, the Tribunal was unable to establish any causal relation between her state of...
Ä¢¹½ÊÓƵDT noted that the contested decision was superseded by the 31 March 2011 decision to extend the Applicant¡¯s appointment for another six months. Ä¢¹½ÊÓƵDT held that the application was thus rendered moot and decided to close the case.
Ä¢¹½ÊÓƵDT noted that when the facts at issue occurred, the Applicant was neither a staff member, nor a former staff member within the meaning of Article 3.1 of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵDT accordingly held that the Applicant was not a person having access to Ä¢¹½ÊÓƵDT and that it had to declare itself not competent to consider the application. Ä¢¹½ÊÓƵDT rejected the application.
