Ä¢¹½ÊÓƵ

For the purpose of determining eligibility for a SPA, the Applicant performed higher level functions from the date of the issuance of a vacancy announcement for the higher-level post until the selected candidate assumed the higher-level post. As he performed the higher-level functions for less than four months, the Applicant failed to meet the eligibility criteria under ST/AI/2003/3. The Applicant did not satisfy the criteria for SPA and that the Administration¡¯s decision not to pay it was lawful.

The ABCC rectified the procedural irregularities as directed by Judgment No. Ä¢¹½ÊÓƵDT/2019/019 in its reconsideration of the Applicant¡¯s claim. The ABCC received and considered a medical opinion of the medical doctor of MSD, who reviewed medical reports submitted by the Applicant along with his prior medical history. While the Applicant made allegations of improper considerations, he did not provide any supporting evidence and these allegations are without merit.

The Tribunal considered that despite the Applicant¡¯s characterization of the contested decision as a ¡°written reprimand¡± in his request for management evaluation and in his application, there was never a reprimand issued by an authorized official and, thus, there was no administrative decision to contest. The Tribunal, therefore, found that the application was not receivable ratione materiae. The Tribunal also noted that since the record related to the investigation of a complaint made against the Applicant was deleted from the Misconduct Tracking System (¡°MTS¡±), the Applicant¡¯s claim in this...

The Tribunal observed that the Organization had decided not to renew the Applicant¡¯s appointment following his being declared persona non grata in Sudan. In practical terms, this could have necessitated redeployment of post, reassignment, administrative leave or, ultimately, non-extension of the appointment. Therefore, the Applicant¡¯s claim to remain in office in the country where he was unwelcome was, in any event, unfounded. The Tribunal, further found that the Organization had fulfilled its legal obligations towards the Applicant and the impugned decision was lawful. Consequently, the...

Ä¢¹½ÊÓƵ Dispute Tribunal had no jurisdiction to adjudicate on the Applicant¡¯s dispute with ICAO.

It resulted from the records that the Applicant only requested management evaluation of the decision concerning her non-selection, while no management evaluation request was filed with respect to the decision to abolish her former post The Tribunal, therefore, found that the claim concerning the abolition of the Applicant¡¯s former post was not receivable and proceeded to only review the non-selection decision. The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these...

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...

The Registry of the Tribunal has, in this case, tried to get in touch with the Applicant and her Counsel on record to no avail. While the Applicant has not expressly indicated a desire to abandon proceedings, the Tribunal is in a position where it simply cannot find the Applicant or Counsel acting on her behalf and so, can only assume that she is no longer interested in pursuing this matter any further.

Nowhere in the Ä¢¹½ÊÓƵHCR Policy is using interviews or written test to appraise the competencies and/or qualification of job candidates prohibited or even as much as discouraged. Rather, interviews are mandatory when ¡°the appointment of an external candidate is being considered¡± as it is stated that in such circumstances ¡°the applicants (external and internal) selected by the manager will be interviewed¡± (emphasis added). It is further stated that a ¡°[w]ritten test may be required¡± (see sec. 71). The fact that the Ä¢¹½ÊÓƵHCR policies make no specific stipulations about whether skills, competencies and...

As part of a closing statement, the Applicant submitted new written evidence. The Tribunal rejected all new evidence as this evidence could have been submitted before the closing of the proceedings and no exceptional circumstances justified the late submission. The Applicant was not fully informed of all the evidence upon which the Administration would rely to impose the disciplinary sanction. However, he was nevertheless informed of the allegations against him and therefore the Tribunal proceeded to a de novo review of the facts and a judicial review of the remaining aspects of the case. It...