Ä¢¹½ÊÓÆµDT/2020/079, Ponze-Gonzalez
The Tribunal found that it lacked jurisdiction to review preparatory steps of an administrative decision and rejected the application as not receivable.
Ä¢¹½ÊÓÆµDT/2020/080, Benche
The Applicant was not entitled to an increase in step, therefore, the Administration had the right to the correction of an error, and it did not constitute a retroactive application of rules and regulations. The Administration lawfully recovered the overpayment of entitlements resulted from an administrative error.
Ä¢¹½ÊÓÆµDT/2020/077, Russo-Got
The irregularities detected in the selection process were of such gravity¡ªnot keeping any written record of the contested administrative decision, an undefined decisionmaker, and flawed reasons and justifications¡ªthat they cannot be regarded as minor procedural or substantive errors that did not impact the outcome of the non-selection decision. Accordingly, the Respondent was not been able to minimally show that the Applicant¡¯s candidature for the post was fully and fairly considered. Four other candidates had been shortlisted for the written test for the relevant post. Had the Applicant...
Ä¢¹½ÊÓÆµDT/2020/078, Kebede
The Tribunal found that the contested decision in this case was clearly not based on direct organisational authority and it concerned an area protected from employer interference, the internal affairs of a Staff Union. It did not produce a sufficiently direct legal consequence to the legal order of the Applicant as a staff member.
Ä¢¹½ÊÓÆµDT/2020/074, Cherneva
The Tribunal reviewed the application and found that it was not receivable ratione temporis. The Tribunal noted that while the Applicant contested four decisions that took place in 2014 and 2015, she only filed an application with the Tribunal in January 2020, that is around five years later. The record showed that the Applicant requested management evaluation of the contested decisions on 30 January 2020. She received a response on 31 January 2020 informing her that her request was time-barred. The same day, she filed an application before the Tribunal. In accordance with art. 8.4 of the...
Ä¢¹½ÊÓÆµDT/2020/073, Cherneva
The Tribunal reviewed the application and found that it was not receivable ratione temporis. The Tribunal noted that while the Applicant contested a decision that took place in late 2010, she only filed an application with the Tribunal in January 2020, that is almost nine years later. The record showed the Applicant requested management evaluation of the contested decision on 30 January 2020, and she received a response on 31 January 2020, informing her that her request was time-barred. The same day, she filed an application before the Tribunal. In accordance with art. 8.4 of the Tribunal¡¯s...
Ä¢¹½ÊÓÆµDT/2020/072, Russo-Got
The Respondent did not prove that the Applicant was appropriately informed about the non-renewal of his fixed-term appointment at the 25 October 2018 meeting. Since no other communication regarding the non-renewal has been submitted in evidence except the separation letter dated 22 January 2019, the Applicant¡¯s request for management evaluation of 23 January 2019 was therefore timely pursuant to staff rule 11.2(c).; The decision to abolish the Applicant¡¯s post is not a decision that can be appealed separately in the present case, and the decision not to renew the Applicant¡¯s contract is also...
Ä¢¹½ÊÓÆµDT/2020/072/Corr.1, Russo-Got
The Respondent did not prove that the Applicant was appropriately informed about the non-renewal of his fixed-term appointment at the 25 October 2018 meeting. Since no other communication regarding the non-renewal has been submitted in evidence except the separation letter dated 22 January 2019, the Applicant¡¯s request for management evaluation of 23 January 2019 was therefore timely pursuant to staff rule 11.2(c). The decision to abolish the Applicant¡¯s post is not a decision that can be appealed separately in the present case, and the decision not to renew the Applicant¡¯s contract is also...
Ä¢¹½ÊÓÆµDT/2020/070, Houenou
Upon review of the record, the Tribunal finds that no official commitment was made to the Applicant in writing which would give rise to a legitimate expectation of renewal of his temporary appointment. The erroneous approval by the OIC of Mission Support cannot be understood to create a legitimate expectation of the renewal. There was maladministration in terms of delay in communicating the error to the Applicant and the Respondent has provided compensation to the Applicant in that respect. The Applicant has failed to provide any evidence that the Administration¡¯s finding that there were no...
Ä¢¹½ÊÓÆµDT/2020/071, Mokrova
The Tribunal found that the Applicant became aware of the contested decision on 21 February 2019. She requested management evaluation on 27 April 2019 and she was late by 5 days. Since the request for management evaluation was time-barred, the application before the Ä¢¹½ÊÓÆµDT was not receivable.