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Therefore, the facts resulting from this investigation were not established to a sufficient standard that would permit the Administration to later rely on them to act against the Applicant once he became a staff member. Accordingly, the Tribunal is not satisfied that Administration acted as a reasonable decision maker in deciding to terminate the Applicant¡¯s fixed-term appointment and finds the contested decision unlawful and decides to rescind it. The contested decision is rescinded. Under art. 10.5(a) of its Statute, the Respondent may elect to pay the Applicant compensation in lieu of the...

Scope of the review The original decision not to grant the Applicant a permanent appointment was notified to her in January 2019. The communications between the Applicant and the Administration in this regard in April-May 2020 were merely reiterations of a challenge and of the original decision. These communications did not reset the clock with respect to statutory timelines. The Applicant failed to challenge the decision made in January 2019 within the statutory time limit and, therefore, the Tribunal rejects the application with respect to the Administration¡¯s refusal to grant a permanent...

Relevant matters were ignored. The timing and circumstances of the Applicant¡¯s appraisals, sick leave taken, the nature of the four-month assignment in 2018 and the reasons for it, are relevant. These factors have been considered in coming to a determination that a proper exercise of the Respondent¡¯s discretion would have been to consider an appraisal of the Applicant¡¯s work for the four-month period in 2018. The Applicant was on sick leave for the first seven months of the year but there is no provision in the regulatory framework indicating that the appraisal for a shorter period of work...

1. In relation to the Applicant¡¯s first two claims, the Tribunal recalled that Staff rule 11.2(a) requires any staff member who wishes to formally contest an administrative decision to first submit a request for management evaluation of the administrative decision alleged to be in non-compliance with his or her terms of appointment or contract of employment. In this case, the Tribunal held that the Applicant was required to request management evaluation of those two decisions, but she did not do so. Accordingly, her claims relating to decisions one and two were not receivable ratione materiae...

In relation to the Applicant¡¯s first two claims, the Tribunal recalled that staff rule 11.2(a) requires any staff member who wishes to formally contest an administrative decision to first submit a request for management evaluation of the administrative decision alleged to be in non-compliance with his or her terms of appointment or contract of employment. In this case, the Tribunal held that the Applicant was required to request management evaluation of those two decisions, but she did not do so. Accordingly, her claims relating to decisions one and two were not receivable ratione materiae. On...