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Ä¢¹½ÊÓƵDT held that the conduct of the Acting Chief of Mission Support and the Applicant¡¯s direct supervisor constituted an abuse of authority in their treatment of the Applicant. Given the gross injustice meted out to the Applicant by her managers, Ä¢¹½ÊÓƵDT awarded her compensation representing twelve months' net base salary. Ä¢¹½ÊÓƵDT awarded the Applicant three months¡¯ net base salary as moral damages. Ä¢¹½ÊÓƵDT awarded the Applicant USD5,000 for the unfair treatment at the hands of her managers. Ä¢¹½ÊÓƵDT noted that the two managers literally destroyed the Applicant¡¯s career and made decisions in clear breach of...

The Tribunal noted that: (a) there was no female member in the assessment panel, (b) the panel¡¯s evaluation of the candidates was substantially modified between its adoption by all three panel members and its scrutiny by the competent Central Review Committee (¡°CRC¡±), (c) the Hiring Manager failed to transmit his final recommendation to the decision-maker; instead the CRC Secretariat forwarded the selection record (with only one recommended candidate) to the decision-maker, and (d) the Applicant was not notified of his non-selection within the prescribed 14 days of the decision; rather, he...

The Ä¢¹½ÊÓƵDT found that the contested decision was unlawful on the grounds that 1) the Organization committed several procedural errors in the implementation of the Ä¢¹½ÊÓƵHCR Policy and Procedures for the Promotion of International Professional Staff Members (Ä¢¹½ÊÓƵHCR/HCP/2014/2) (¡°Promotions Policy¡±), some of which resulted in a failure to take into account relevant information or to take into account irrelevant considerations; and 2) the Organization failed to minimally show that the Applicant¡¯s candidacy for promotion received fair and full consideration. Standard of review: In the context of a...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

The Tribunal rescinded the contested decisions and awarded USD50,000 in non-pecuniary damages.

The Tribunal found that her separation upon the expiry of her contract was not the subject matter of the Application before it. Damages for moral injury ¨C As held by Ä¢¹½ÊÓƵAT in Asariotis, damages for moral injury may arise in two situations: first, for a fundamental breach of the employee¡¯s substantive entitlements arising from his or her contract, and/or from a breach of procedural due process entitlements; secondly, where the employee has produced evidence of harm, stress or anxiety caused by the breach.

Starting date for time limits: Time limits must be counted from the moment all facts necessary to the commencement of the case were known, or at least should have reasonably been known .Publication of vacancies: The Administration is uncontestably required to announce existing and foreseeable vacancies to be filled. If more than one vacancy is to be advertised under the same JO, the JO in question needs to clearly indicate so. Non-retroactive application of the Statute¡¯s amendment: An amendment of the applicable rules cannot apply to an application filed prior to the entry into force of said...