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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 The Tribunal thus rescinded the contested decision.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...

The decision did not adversely affect the Applicant The Tribunal referred to its judgment Featherstone Ä¢¹½ÊÓƵDT/2015/117 whereby, inter alia, the decision denying the Applicant a conversion of her fixed-term appointment to a permanent appointment was rescinded and the case was remanded to the ASG/OHRM for retroactive individualized consideration of the Applicant¡¯s suitability for conversion of her appointment to a permanent one as mandated by ST/SGB/2009/10. The Tribunal was satisfied that by the decision of 17 November 2016 (the contested decision), the Organization complied with the terms of...

The contested decision was imposed on the Applicant after finding that there was clear and convincing evidence that the Applicant threatened to kill other staff members in the Afghanistan Country Office. The crux of the Applicant¡¯s case was that the facts were not established through clear and convincing evidence as the witnesses present during the alleged threats provided inconsistent testimonies, and the evidence was not properly collected and, consequently, was unreliable. Whether the investigation was vitiated by procedural flaws Having reviewed the whole investigation file, which was not...

The present case concerned the reimbursement of medical expenses incurred by a locally recruited staff member outside his duty station while travelling on private business. As the conditions for reimbursement and the extent of the coverage are detailed in the Medical Insurance Plan (¡°MIP¡±) Rules, the Tribunal¡¯s role essentially consisted in examining whether Ä¢¹½ÊÓƵHCR committed any error, in law or in fact, in the interpretation or the application of these rules.; The Tribunal identified the following issues:; Was the Applicant entitled to the benefit of the stop-loss provision?; The Tribunal...

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 Applicant stated in his application that he had not requested management evaluation of the impugned decision. The Applicant cannot now make such request, as it was required to be made 60 days after he was notified of the contested administrative decision (see staff rule 11.2 (c)). That is, 60 days after 18 April 2017, which was the date of the impugned decision. The time to request management review thus expired on 17 June 2017, over a year before the application was made (19 June 2018); Given the Applicant did not seek management evaluation of the contested decision, the Tribunal had no...

The Certificate of No Contest/Lump Sum that formalized the Applicant¡¯s agreed separation has all the hallmarks of a binding agreement freely entered into by the Applicant for a consideration which he would not otherwise have been entitled to, and there is no suggestion by the Applicant that it was procured by duress, misrepresentation or other impermissible consideration or action.; Notwithstanding the fact that the Applicant did not clearly identify the decision(s) he sought to contest, the Tribunal notes that the Applicant¡¯s claims all relate to his period of employment with Ä¢¹½ÊÓƵDP, which...

The Applicant, as an ad litem judge of the ICTY, is considered to be a ¡°non-Secretariat United Nations official¡±. It follows that the Applicant cannot be considered as a former United Nations staff member within the meaning of art. 3.1 of the Dispute Tribunal¡¯s Statute. Whilst being fully cognizant of the Applicant¡¯s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal¡¯s Statute...