Ä¢¹½ÊÓÆµDT/2019/161, Andreev
The Applicant did not mention a relevant experience in his personal history profile. Although the Applicant disagreed with the hiring manager¡¯s evaluation of the relevance of his experience, he failed to establish that the hiring manager¡¯s assessment was unreasonable. The hiring manager did not introduce additional criteria to evaluate the job candidates. The minimum work experience requirements for the position were not an unlawful deviation from the generic job profile for the position or unduly restrictive. The hiring manager¡¯s decision to not administer a written test was within his...
Ä¢¹½ÊÓÆµDT/2019/160, Handy
The application was moot because the contested decision was effectively rescinded and superseded by subsequent renewals of the Applicant¡¯s appointment. The application was dismissed.
Ä¢¹½ÊÓÆµDT/2019/159, Aurelus
The application was not receivable because the Applicant acknowledged that she became aware of the decision she was appealing in December 2015 but only sought management evaluation in 2018. She claimed that she made the decision to lodge this application after realising that her issue (in 2015) could have been handled in a professional manner, after a similar issue was professionally handled in 2018.; The relevant date for purposes of the rule however, was the one on which the applicant knew or reasonably should have known of the implied decision. It was that date that triggered the deadline...
Ä¢¹½ÊÓÆµDT/2019/158, Morales
The Tribunal chose to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. The Tribunal recalled that under art. 8.1(c) and 8.1(d)(i) of the Tribunal¡¯s Statute, a substantive application is receivable if the contested decision has been submitted for management evaluation and the application is filed within 90 calendar days of the applicant¡¯s receipt of the response by management to his or her submission or within 90 calendar days of the expiry of the relevant response period for the management evaluation if no response to the request...
Ä¢¹½ÊÓÆµDT/2019/157, Duvern¨¦
The Applicant did not respond to a case management order. She was therefore no longer interested in the pursuit and outcome of the proceedings which were deemed to have been abandoned. The matter was dismissed for want of prosecution.
Ä¢¹½ÊÓÆµDT/2019/156, Kollie
The Applicant had not adduced any documentary evidence to show that the SecretaryGeneral considered and made an administrative decision in relation to his claim for gross negligence. The only evidence that he had produced was to the effect that he asked the ABCC to consider compensating him for gross negligence over and above the award for compensation for injuries sustained in the course of duty. The Applicant brought his claim for compensation for gross negligence under a procedure that had been adjudicated irregular for not being supported by any Staff Regulation, Staff Rule or...
Ä¢¹½ÊÓÆµDT/2019/155, Abou Hanna
Since the selection process did not yield a selection list, the Tribunal found that there was no administrative decision for the Applicant to contest. In the circumstances, the application was dismissed in its entirety as it was not receivable ratione materiae.
Ä¢¹½ÊÓÆµDT/2019/154, Ahmed
Following careful review of the facts as they appear in the pleadings, and the accompanying documentary evidence, the Tribunal is unable to conclude that the presumption of regularity in the selection process has been or should be rebutted. There is nothing to suggest that the Respondent acted improperly in selecting the recommended candidate, or that he was motivated by any extraneous factors in not selecting the Applicant.; The Applicant was given full and fair consideration and the selection decision was proper and lawful.
2019-Ä¢¹½ÊÓÆµAT-948, Sonia Bezziccheri
As a preliminary matter, in response to the Appellant¡¯s request for interim measures, in which she requested that the Secretary-General complied with the Ä¢¹½ÊÓÆµDT judgment insofar as it had not been appealed against, Ä¢¹½ÊÓÆµAT denied the motion on the basis that execution should have been requested before Ä¢¹½ÊÓÆµDT. On the Appellant¡¯s motion to strike assertions and evidence, Ä¢¹½ÊÓÆµAT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, Ä¢¹½ÊÓÆµAT held that the appeal was limited to the request for further compensation, as per the Appellant¡¯s Power of Attorney document, and...
2019-Ä¢¹½ÊÓÆµAT-974, Salah
Ä¢¹½ÊÓÆµAT held that the Appellant failed to identify grounds for his appeal. Ä¢¹½ÊÓÆµAT held that the Appellant¡¯s case was fully and fairly considered. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. Ä¢¹½ÊÓÆµAT held that the decision to terminate the Appellant¡¯s appointment on medical grounds was a reasonable and valid exercise of Ä¢¹½ÊÓÆµRWA¡¯s discretion. Ä¢¹½ÊÓÆµAT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...