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Ä¢¹½ÊÓƵRWA DT did not exceed its competence when assessing whether the decision to convene a medical board was lawful. The decision to convene a Medical Board five months after the service-incurred-injury in order to examine his fitness for continued service was reasonable. Ä¢¹½ÊÓƵRWA DT erred in deciding that the decision to convene a medical board less than five months after the Appellant¡¯s service-incurred injury was unlawful. Ä¢¹½ÊÓƵRWA DT erred in law and exceeded its competence by challenging the authority of the Medical Board¡¯s conclusion without clear and convincing medical evidence, by placing...

Procedural issues Respondent¡¯s challenge to the admissibility of certain documents Art. 18 of the Tribunal¡¯s Rules of Procedure contains the set of norms applicable to evidence. However, except for article 18.6, there is no specific provision in relation to admissibility of evidence based on recordings made without consent. The Tribunal finds that the transcript of a meeting the Applicant recorded is not admissible in the proceedings because it is tainted by the fact that one of the participants at the meeting was not aware that the meeting was being recorded. The Applicant cannot make use of...

The Administration duly complied with the requirements of ST/AI/2010/5. The negative rating and adverse comments in the Applicant¡¯s 2016-2017 ePAS would be read in light of the Rebuttal Report, which found the rating and comments to be without merit and designated a new rating of ¡°successfully meets expectations¡±. To this end, the rationale behind sec. 15.4 of ST/AI/2010/5 must be that any purported harm caused to the Applicant by the 2016-2017 ePAS would be mitigated by the corrective positive finding of the Rebuttal Panel. Tthe Applicant¡¯s challenge is not receivable because the revision of...

The Applicant applied for JO 57267 as a former staff member, and in the same capacity he filed his challenge to the non-selection decision for JO 57267. There was no nexus between the Applicant¡¯s former employment with Ä¢¹½ÊÓƵHCR and his standing as an applicant for JO 57267. The alleged fact that Ä¢¹½ÊÓƵHCR in their recruitment processes applied the legal fiction of treating former staff members as internal applicants for a period of time, did not create a nexus extending over any other recruitment processes, such as the contested one.

The Tribunal noted that the allegations of poor behaviour and the fact that those behaviours undermined the Applicant¡¯s capacity to discharge the responsibilities assigned to him in an effective manner were not included in his performance evaluations. The fact that the allegations later became the subject of the email to the USGs of the Department of Peacekeeping Operations and the Department of Field Service and formed the basis for the decision to reassign the Applicant to another office showed that there was no transparency on the part of the Respondent in the matter. The Tribunal also...

By not seeking the Medical Director¡¯s feedback in a timely manner, the Registrar failed to take into consideration relevant matters before making the contested decision. The decision-making process was vitiated by a defect that rendered the contested decision irrational. The delay in the handling the Applicant¡¯s complaint was unjustified. The Administration lawfully acted within its discretion in fulfilling its obligations under sec. 6.4 of ST/SGB/2008/5. The contested decision is rescinded and remanded to the IRMCT. The IRMCT shall review, in consultation with DHMOSH, whether additional...

The required facts for a finding of sexual exploitation were not proven clearly, or at all, such that a decision to impose the sanction of separation could have been justified. There was also a failure to consider relevant evidence as to a prior courtship relationship between the parties that if considered would have shed further doubt on whether the Complainant was exploited. There was no factual basis for the investigators and the Respondent to have found that there was a relationship of trust that could have been abused. The Complainant was not a beneficiary of assistance from the United...

The Tribunal found that the ABCC considered all relevant matters in arriving at the decision, and that the impugned decision was legal, rational, and procedurally correct. The submission that the application was not receivable rationae materiae and rationae temporis was without merit and was rejected. Contrary to the Respondent¡¯s assertion, the ABCC¡¯s letter of 29 December 2017 was an administrative decision given that it was arrived at after the Applicant, in response to the ABCC¡¯s email of 25 May 2017 inviting him to furnish new evidence. He furnished new evidence relating to each of the...

The investigation complied with the requirements set out in ST/SGB/2008/5 and the Applicant was afforded proper due process. The provisions of ST/SGB/2008/5 do not grant a right to staff members who bring complaints of prohibited conduct given to interview certain witnesses in order to confront his accusersand therefore finds no merit to this claim of an irregularity. The Fact-Finding Panel fully considered all relevant and material aspects of the Applicant¡¯s complaint. In smaller entities in the Organization, a head of office may also be required to act as a Second Reporting Officer (¡°SRO¡±)...

The Tribunal has chosen to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. Recalling that the Applicant only filed his application in June 2020, the Tribunal finds that his challenge against the 2013 decision is not receivable ratione temporis. In the absence of a request for management evaluation, the Tribunal cannot but find that the Applicant¡¯s challenge to the 2018 and 2019 decisions is not receivable ratione materiae.