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Ä¢¹½ÊÓƵAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, Ä¢¹½ÊÓƵAT disagreed with the staff member that the Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal and granted the staff member¡¯s cross-appeal, in part. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member¡¯s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...

There may be cases that take longer to be heard by the Ä¢¹½ÊÓƵDT and that this may provide a reason justifying compensation beyond the two-year limit. This was such a case. Compensation in lieu of rescission was set at two years and 2 months¡¯ net-base salary. The Applicant¡¯s claim for compensation was excessive. It equated to over 13 years of net-base salary plus payment of a number of entitlements. Apart from being well outside the scope of compensation that might properly be ordered by the Tribunal, the Applicant¡¯s claim was predicated on the mistaken belief that but for the unlawful dismissal he...

Ä¢¹½ÊÓƵDT held that the separation of female and male candidates for their comparative assessment and ranking at the Second Round constituted a fundamental error in the implementation of the Promotions Policy, and could not be justified by the High Commissioner¡¯s decision to award an equal number of promotions to female and male staff members which was, in any event, announced towards the end of said Round. Ä¢¹½ÊÓƵDT held that the exclusion of the e-PADs from the Panel members¡¯ comparative assessment of the candidates during the Second Round constituted another fundamental procedural error in the...

Ä¢¹½ÊÓƵDT held that the separation of female and male candidates for their comparative assessment and ranking at the Second Round constituted a fundamental error in the implementation of the Promotions Policy, and could not be justified by the High Commissioner¡¯s decision to award an equal number of promotions to female and male staff members which was, in any event, announced towards the end of said Round. Ä¢¹½ÊÓƵDT held that the exclusion of the e-PADs from the Panel members¡¯ comparative assessment of the candidates during the Second Round constituted another fundamental procedural error in the...

There is no evidence on the record that the mandatory procedure established in secs. 9, 10, 15 and 16 of ST/AI/400 for separation by abandonment of post was followed in the Applicant¡¯s case. The Administration did not act fairly and transparently with the Applicant. DSS lead the Applicant to believe that it was still considering granting him a SLWOP, while, at the same time, it recommended the non-extension of his fixed-term appointment due to his unauthorized absence on the other. That the non-renewal decision following the expiration of the Applicant¡¯s contract, constitutes a separation...

The Applicant¡¯s actions were reasonable and in accordance with her obligation to carefully verify the cost of administrative services, procurement and logistical support, since all the costs were supported by Ä¢¹½ÊÓƵAMI, in order to ensure that all the provisions of the OIOS Audit Manual were respected. There was no concrete negative result on the planned audit resulting from the annulment of the first MOP and that the Applicant¡¯s actions, which she was taking in her capacity as CMS in Ä¢¹½ÊÓƵAMI, consisting in a careful review of the alternative means to a face-to-face visit which could have resulted...

Ä¢¹½ÊÓƵDT held that the Settlement Agreement was properly before Ä¢¹½ÊÓƵDT for its enforcement. Ä¢¹½ÊÓƵDT noted that there was no special procedure prescribed by the Ä¢¹½ÊÓƵDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. Ä¢¹½ÊÓƵDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. Ä¢¹½ÊÓƵDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

Based on these very general principles, and in the lack of any further instruction or guidance¡ªat least, as relevant to the present case¡ªthe Tribunal sets out the following basic minimum standards that must apply when administering a written test: a)Generally, while the Administration enjoys a broad discretion on how to administer a written test, it must nevertheless do so in a reasonable, just and transparent manner otherwise, a job candidacy would not receive full and fair consideration. b)As also stated in the Manual, any assessment must be undertaken on the basis of a ¡°prescribed...

Article 13 of the applicable Appendix D requires the ABCC to make its determination ¡°on the basis of reports obtained from a qualified medical practitioner or practitioners¡±. The scope of the ABCC¡¯s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above).; As convincingly explained by the Applicant¡¯s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it¡ªPTSD is per definition a post traumatic...