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The meaning of any legislative provision is ascertained by the meaning of its words in the light of the intention of the rules as a whole. Where the wording of an instruction suggests that no exception is permitted, a number of common law jurisdictions have found the mandatory or directory dichotomy inappropriate.To establish the meaning and intention of a Ä¢¹½ÊÓƵ provision the relevant context is the hierarchy of the Ä¢¹½ÊÓƵ¡¯s internal legislation. This is headed by the Charter of the Ä¢¹½ÊÓƵ followed by resolutions of the General Assembly, staff regulation and rules, Secretary- General bulletins and then...

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all Ä¢¹½ÊÓƵ staff members were to be ¡°considered first¡±, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a Ä¢¹½ÊÓƵ staff member and the applicant challenged the decision to appoint them. At around the time of the applicant¡¯s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

An interview panel set up by a Programme Manager is the Programme Manager¡¯s agent and as the principal, the Programme Manager is bound by the evaluation and recommendations of the panel in so far as the panel does not exceed its mandate. When a head of department having a final say in the making of a selection decision influences the outcome of an interview process and report, the resultant selection process has been unduly interfered with and its integrity compromised. It does not lie within the discretionary authority or prerogative of the Administration to evaluate both 30-day and 60 day...

An agency relationship exists between an interview panel and a Programme Manager or Program Case Officer, such that the Programme Manager is bound by the evaluation and recommendations of the panel provided that it acts within its terms of reference. The Administration had no prerogative or power to cancel the vacancy announcement for the reasons relied upon.

The application was withdrawn by the Applicant after the parties reached an agreement.

The Tribunal noted that the case was one of the cases provided for under Section 4.2 of ST/SGB/2009/11 on transitional measures. At the outset, the Tribunal declared the application irreceivable with respect to any claim which had not been raised previously in the request for review to the Secretary-General. The Tribunal further raised ex officio the issue of the receivability ratione personae of the application since the decision not to select the Applicant to the post was taken when the Applicant was a former staff member. The Tribunal noted that article 3, paragraph 1 (b), of the Ä¢¹½ÊÓƵDT...

A re-trial would be unduly wasteful of time and resources. The Respondent was adequately represented especially as no oral evidence was tendered by the Applicant and the issue of cross- examining a witness did not arise. Full equality was accorded the parties in the circumstances. The onus lies on the Respondent to show that the provisions of ST/AI/2006/3 had been complied with in this case in order to prove that the Applicant was fully, fairly and properly considered. This onus has not been discharged.The Applicant¡¯s candidature was not considered at the 15-day mark as required by the...

Inexplicably, the JAB in its report sua sponte addressed, as a formal issue before it, the handling of a privileged and confidential letter (¡°Confidential Letter¡±) that the Applicant¡¯s Counsel had sent to the Under-Secretary-General for OIOS (¡°USG¡±) regarding the pending JAB litigation. The JAB refused the Applicant¡¯s non-selection claim, but found that the Respondent owed the Applicant an apology for forwarding the Confidential Letter to some staff members. The Respondent subsequently affirmed the non-selection decision, but rejected the issuance of an apology regarding the distribution of...

In the present judgment, Ä¢¹½ÊÓƵDT found that, in light of the circumstances of this case, the three months¡¯ net base salary paid to the Applicant for the lack of due process on the recommendation of the JAB report was insufficient. Ä¢¹½ÊÓƵDT found the procedural unfairness to be so grave that it warranted additional compensation in the amount of USD15,000 for the breach of the Applicant¡¯s procedural rights. With respect to compensation for actual economic loss, Ä¢¹½ÊÓƵDT held that the Respondent shall compensate the Applicant for the actual economic loss incurred by her and that the actual economic loss...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in Ä¢¹½ÊÓƵHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...