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The Tribunal granted the application is part and awarded the Applicant USD4,000 in compensation for procedural violations.

The Tribunal found that Ä¢¹½ÊÓƵMISS was incorrect when it restricted applicants to the TJO to staff already employed by Ä¢¹½ÊÓƵMISS since the Applicant was an internal candidate. The Tribunal concluded that the decision to consider the Applicant ineligible for the TJO was unlawful and breached the Applicant¡¯s right to be fully and fairly considered for the post. The Tribunal found the application receivable and that the contested decision not to find the Applicant eligible for the TJO and the related decision to continue the selection process were unlawful and breached the Applicant¡¯s right to a full...

Disclosure: The Respondent¡¯s disclosure obligation in proceedings concerning appointment and promotion is twofold. Firstly, the Respondent shall produce evidence to satisfy his own burden to minimally show that the staff member¡¯s candidature was given full and fair consideration. Secondly, the Respondent shall disclose any document in his possession that is relevant to the determination of the Applicant¡¯s case, as presented in his or her application. This duty of candour that falls on the Respondent is necessary to ensure that staff members have access to justice. When the Respondent fails to...

The main issue for determination in this matter is whether the advertised job opening was a ¡°recruitment from roster¡± position, thus barring the Applicant from competing for it. If it was not, a resulting issue to examine would be what remedies, if any, the Applicant is entitled to. The Tribunal noted that in the case at hand, nothing in the vacancy announcement indicated that only candidates from the language or any other roster for that matter were eligible to apply. The Tribunal found that the Organization cannot be permitted to post vacancy announcements and use eligibility requirements...

It was not disputed that the procedural flaws identified by Judgment Rodriguez-Viquez Ä¢¹½ÊÓƵDT/2016/030 in respect of the Second Round of the 2013 Promotions Session for candidates for promotion to the P-5 level also vitiated the consideration of candidates to the D-1 level and thus impacted on the Applicant¡¯s chances to be promoted. The Tribunal noted that it was difficult to ascertain the chances that the Applicant had to be promoted but it was uncontested that they were significant. The Tribunal thus rescinded the contested decision. The Tribunal referred to Rodriguez-Viquez whereby the...

In line with the jurisprudence of the Organization, the role of the Tribunal was limited to reviewing whether the candidate received full and fair consideration, the procedures were followed, improper motives were absent and relevant materials had been considered. In this regard, Ä¢¹½ÊÓƵAT has held that a candidate alleging a failure to observe his or her right to full and fair consideration for selection must prove through clear and convincing evidence that procedure was violated, the panel was biased, irrelevant material was considered or relevant material ignored. Contrary to the Applicant¡¯s...

Was the Applicant¡¯s candidature given full and fair consideration?; As an international multilateral organization with Member States having different descriptions in respect of academic qualifications, the Organization has a contractual obligation and a duty of care and due diligence towards its staff members to ensure that their candidatures are fairly and properly considered. The use of Anglo-Saxon terms to the apparent exclusion of the terminology used by other educational systems is not consistent with the proper exercise of that duty of care, or of the fair consideration of the Applicant...

Was the Applicant¡¯s candidature given full and fair consideration?; As an international multilateral organization with Member States having different descriptions in respect of academic qualifications, the Organization has a contractual obligation and a duty of care and due diligence towards its staff members to ensure that their candidatures are fairly and properly considered. The use of Anglo-Saxon terms to the apparent exclusion of the terminology used by other educational systems is not consistent with the proper exercise of that duty of care, or of the fair consideration of the Applicant...

The Applicant¡¯s allegations of abuse of power arose from an understandable and reasonable suspicion but are not substantiated by the evidence heard by the Tribunal.; The re-advertisement of the contested position including a description of the operational context does not constitute a procedural flaw and the explanations provided are sufficient to conclude that it was not prompted by an ulterior motive.; The Applicant has not demonstrated that he was subjected to a detriment by any procedural or substantive error in respect of the first advertised JO. The Tribunal finds that the Applicant¡¯s...

The Tribunal noted that the Applicant filed her application on the merits on 26 March 2018, namely on the same day on which she filed her two requests for management evaluation. The Tribunal recalled that according to art.8.1(d)(i)(b) of its Statute, the Tribunal is competent to hear an application that is filed within 90 calendar days of the expiry of the relevant response period for management evaluation, which in the case at hand was 45 days. Having filed the application on the same day as the two requests for management evaluation, the Tribunal found that it was not competent to hear it...