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The Tribunal found that the application, insofar as it contests the SPA decision and the Reclassification decision, is not receivable. The Applicant submitted his SPA claim three years too late, therefore, his claim is timebarred. As the Applicant never requested reclassification, there is no final administrative decision regarding reclassification. Without a final administrative decision regarding classification, the Dispute Tribunal lacks jurisdiction to adjudicate the Reclassification decision. The Tribunal found that the ToRs decision was lawful on the basis that the Administration...

Public interest, transparency, scrutiny and accountability are not impaired by the removal of the Applicant¡¯s name from the public domain. Consequently, and taking into consideration the sensitive nature of the facts, which involve alleged ¡°sexual exploitation of a vulnerable person¡±, the Tribunal grants the Applicant¡¯s request for anonymity. The decision not to renew the Applicant¡¯s fixed-term appointment, communicated to him on 23 September 2019, is not grounded on disciplinary considerations, which were the subject of the instant case, and constitutes an autonomous administrative decision...

Receivability The Applicant did not request management evaluation of the following contested decisions: 1) The Administration¡¯s failure to take appropriate action in relation to her complaint; 2) Undue delays in the investigation, in the initiation and conducting of a disciplinary process, and in taking the final decision on the imposition of disciplinary sanctions against her former supervisors; and 3) The Administration¡¯s failure to take appropriate action to protect her from sexual harassment in her workplace environment and to remedy the harm suffered. Moreover, the Tribunal is not...

No new evidence is to be filed by the parties with their closing submission and pursuant to the principle of equality of arms, both parties must have the opportunity to test the evidence on record. Disciplinary proceedings within the Organization do not amount to criminal procedures. Use of video footage from an external entity during the investigation is not illegal as Ä¢¹½ÊÓƵHC rules provide that investigators may avail themselves of external supporting evidence. Sick leave requests must be approved by a staff member¡¯s service/Human Resources section or the respective Medical Service. The...

The Tribunal concluded that the Applicant had not established that there was any bias or impropriety which had any impact on the decision not to renew his appointment. The Tribunal further held that the Applicant had not provided any information which would assist in production of relevant information and the Tribunal did not have the jurisdiction to embark upon a full investigation of the matter and could only rely on what had been made available pursuant to its case management powers. Accordingly, the application was rejected.

The Tribunal found that the Applicant was wrongly evaluated against unpublished criteria, discretionary authority to cancel the RFR job opening was misused and abused and the Applicant was not afforded a fair chance at adequate and impartial consideration, the Tribunal finds that the applicable Regulations and Rules were not applied in a fair, transparent and non-discriminatory manner. The Applicant met and exceeded the requirements for the JO but the RFR was improperly cancelled. The Tribunal found that the presumption of regularity of the hiring manager¡¯s actions has been rebutted and that...

Receivability In the present case, the Applicants contest the Administration¡¯s decision dated 14 August 2021 to consider Mr. Oming, whom the Administration identified as the spouse of the deceased staff member, as the recipient of a death benefit pursuant to staff rule 9.11(a)(vii). In this respect, the Tribunal recalls that the extension of its jurisdiction to deceased staff members is intended to permit resolution of disputes concerning contractual rights acquired during previous employment by staff members whose contracts have expired (see Arango 2021-Ä¢¹½ÊÓƵAT-1120, para. 28). The...

The Tribunal ruled that the assertion that the Applicant was entitled to automatic appointment since he had a continuous appointment and was on the roster for Senior Transport Officer, P-5 was without basis. The Tribunal agreed with the Respondent that the obligation under staff rule 9.6(e) is only triggered where there has been a decision to terminate a staff member¡¯s appointment due to the abolition of a post or the reduction of staff. The Tribunal found that the provisions of staff rule 9.6(e) were not applicable to the circumstances of this case and could therefore not be complied with...

Scope of judicial review The Tribunal entertains applications against administrative decisions de novo and without regard to the outcome of the MEU review. Accordingly, the Tribunal will not adjudicate the Applicant¡¯s arguments in relation to the Internal Oversight Office (IOO¡¯s) responses to her request for management evaluation. Whether the contested decision is lawful Whether the Applicant is eligible to receive a termination indemnity In the present case, the Applicant joined WMO on 1 July 1999. Her normal retirement age is thus 62 pursuant to art. 1 of the Ä¢¹½ÊÓƵJSPF Regulations. When she...

Whether the Applicant was promised a renewal The Applicant appears to argue that the Administration created an expectancy of renewal of his contract by referring to statements, allegedly made by various individuals of the Organization. The individuals concerned dispute the facts as presented by the Applicant and he has not adduced any written evidence regarding a firm commitment to renewal. In this respect, the Tribunal recalls that ¡°[i]n order for a staff member¡¯s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but...