The 蘑菇视频DT found that there was a breach of the post selection process but that the Applicant did not suffer any damages as he did not meet one of the core competencies for the post. The Applicant has not put forward any evidence that the vitiated selection process with regard to the Post resulted in him suffering damages of any kind. Consequently, the application is granted with regard to the breach of ST/AI/2006/3 however no award of compensation is warranted.
The 蘑菇视频DT found that she was evaluated fairly with respect to both the written test and the interview, which was based on appropriate criteria. The 蘑菇视频DT found that the selection process was not biased against the Applicant and that consideration of her candidacy was not marred by significant errors or procedural violations that would vitiate the selection process or result in a failure to give her proper consideration. The 蘑菇视频DT dismissed the application.
The 蘑菇视频DT found that OHRM’s decision not to consider (endorse) her for a temporary P-3 post in DM (Umoja) and to deny her conversion from the FS-6 level to the P-3 level was valid and lawful. The decision not to consider the applicant eligible for a temporary P-3 post was correct since she only fulfilled one of the mandatory and cumulative conditions – five years of professional experience – in November 2011. The Organization properly determined that the Applicant could not be converted from the FS-6 level to the P-3 level because there was no contractual relationship between the Applicant and...
The Tribunal finds that the pertinent facts and the legal issues in the present cases are on all fours as those of the ICTY cases. As both parties have accepted the ratio decidendi of the decisions by the 蘑菇视频AT in the ICTY cases, the Tribunal adopts the Appeals Tribunal’s findings in Malmstr?m 2013-蘑菇视频AT-357 and remands the 蘑菇视频AKRT conversion exercise to the ASG/OHRM for retroactive consideration of the suitability of each applicant within 90 days of the date of publication of this judgment in accordance with the guidelines set out by the Appeals Tribunal in the matter of Malmstr?m. Taking into...
Decisions (a) and (b) are found not receivable and decision (c) is found to be unfounded. The Tribunal also finds that the Applicant’s request for management evaluation (MEU request) included a request for SPA which was not addressed by the Organization. The Applicant did not pursue the applicable procedure established in ST/AI/1998/9. In the absence of an actual administrative decision denying a request for reclassification, the application against the continuous refusal to reclassify his post from the P-4 level to the P-5 level is not receivable.The Applicant’s MEU request indicated that he...
The Tribunal found that the Applicant’s claims of moral damage are receivable and well founded and he is awarded USD1,000 as compensation for anxiety. The Tribunal finds that it is incorrect to characterize the decision to hire new staff members as being purely preparatory in nature as the contested decision was in fact implemented and the outcome of the selection process could have adversely affected the Applicant. It is therefore a contestable administrative decision. Further, even if a decision is rescinded, if an applicant can show that there was a causal link between the breach on the...
The 蘑菇视频DT found that the contested decisions were lawful and that there was no evidence to support the claim that these decisions were motivated by ill will. The Tribunal also expressed its concern at the huge volume of unnecessary as well as irrelevant material that had been filed by the Applicant thereby imposing an onerous burden on the Tribunal at the expense of other cases awaiting a judicial determination.
The Tribunal noted an indication of favouritism towards a particular candidate and a desire to appease the staff council neither of which are consistent with the standard of conduct...
The Applicant claimed that the Administration had implicitly accepted that he was suitable as he had not been excluded from the process at the stage when suitability was discussed. Hence, and given that the applicable 蘑菇视频HCR recruitment rules provide for priority consideration of internal candidates, no external candidates should have been even considered. The Tribunal concluded that the Applicant did not meet the minimum educational requirements nor the required professional experience for the post; as such, he was not eligible and, thus, not suitable for the post. Despite him being an...
The Tribunal concludes that it was unreasonable and wrong to have withdrawn the offer of the FS-5 position. The matter is made worse as the offer was withdrawn after a long period of protracted exchange of correspondence between the Applicant and the Respondent. Informal dispute resolution: It is obvious that meaningful consultations towards the resolution of a dispute, when deliberated on in good faith, would serve the interest of management and the staff member. It would engender a collegial work environment and remove the antagonism and friction that usually results from workplace disputes...
In the course of the selection process, the post of Chief, IS, (D-1)—whose incumbent had been acting as Hiring Manager for the contested post—was being temporarily loaned to the Department of General Assembly and Conference Management (DGACM), for a period of more than ten months. Despite this vacuum, the Administration assigned a Chief of Section (P-5) as OIC, IS, for the whole period of the loan and derived from this status the authority to act as Hiring Manager in the selection process, including the submission of the recommendation memorandum for final selection to the Director-General...
