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The Ä¢¹½ÊÓƵDT found that as there is no sufficient nexus between her non-selection to the advertised post and the terms of her previous appointment, the application is rejected as irreceivable ratione personae. Sufficient nexus (receivability ratione personae): A former staff member has standing to contest an administrative decision concerning him or her if the facts giving rise to his or her complaint arose, partly arose, or flowed from his or her employment. There must be a sufficient nexus between the former employment and the impugned decision. In the absence of any provisions giving rights to...

The Dispute Tribunal rejected the application as irreceivable ratione materiae and ratione temporis, on the grounds that the applicant did not submit a request for management evaluation of the contested decision within the applicable deadline, and that the application was filed more than three years after receipt of the contested decision. Identification of the contested decision: As the Appeals Tribunal held in Massabni 2012-Ä¢¹½ÊÓƵAT-238, it is part of the duties and of the inherent powers of a Judge to adequately interpret and comprehend the applications submitted by the parties, and to...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The application is now moot. The Applicant has essentially received the relief sought, as the decision has been rescinded and his claim is being reconsidered. On this matter, he could not have been granted greater relief by the Tribunal. Accordingly, the Tribunal exercises its power under art. 9 of the Tribunal¡¯s Rules of Procedure to summarily dismiss the application, but noting that no decision has been made on its merits.

The Tribunal found that the Applicant did not contest an administrative decision, since the decision to close the case had no direct legal consequences for the Applicant. Administrative decision: While staff members have a duty to report possible misconduct, a decision by the Organization not to investigate the matter does not have direct legal consequences on the contractual rights of the staff member, unless the complaint made by the staff member was one of harassment under ST/SGB/2008/5.

The facts at issue and their legal characterization (physical assault) were established. However, the Tribunal found that the sanction imposed was disproportionate, considering that the mitigating circumstances applicable, notably the Applicant¡¯s mental health condition at the time of the incident giving rise to the disciplinary measure and alleged provocation before it, were not fully and properly considered. It was noted that the investigation failed to gather sufficient evidence on these aspects, which where thus not properly put before the decision-maker. Unlawfulness of a ¡°forfeit...

The Tribunal found that the Organization failed to fulfil its obligations by not making timely payments to the Applicant under art. 11.2(d) of Appendix D for the two periods concerned, and that the amounts paid to the Applicant did not compensate him for the delay in payment as they should have. The Tribunal awarded the Applicant material damages in the amount of USD29,261.86 plus CHF10,544.50, and compensation for any additional taxes due by the Applicant, upon presentation of his tax declarations to the Respondent, resulting from the receipt of a lump sum of USD72,266.46 in 2015, instead of...