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Receivability - Mr. Wallace as a Legal Officer in MEU had the requisite delegated authority to make an exception to the Staff Rules in suspending the time limits for the Applicant to request for management evaluation as he did in the present case. The Applicant¡¯s case was therefore held in abeyance until 30 March 2011. The Applicant, as a result, had until 30 June 2011 to file her Application which she did on 6 June 2011. Full and fair consideration - All the candidates that appear before an interview panel have the right to full and fair consideration. A candidate challenging the denial of a...

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

Receivability: Noting that the Applicant submitted his Application 3 days before requesting management evaluation of the contested decision and that his request for management evaluation was submitted a month after the deadline for the statutory delay, the Tribunal concluded that the Application was not receivable.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Conflict of interest: The Tribunal held that the fact that the Applicant sought to obtain a remunerated contract for his company to undertake the construction of stands rather than advise the organizers to seek an independent contractor demonstrated the existence of a real conflict of interest between his position as the CEO of a private company and his position as a staff member. Even though BINUB was...

Request for management evaluation: The Tribunal noted that there was no indication that the Applicant had submitted a request to any entity or individual, including the Secretary-General, mandated to receive management evaluation requests as he did not provide any address, physical or electronic, of these entities or individuals. Nor did the Applicant provide any acknowledgment of receipt of any request for management evaluation by the Administration. The Tribunal subsequently held that the Applicant failed to provide evidence that he had indeed submitted a request for management evaluation of...

Res judicata: The Tribunal held that a request made to or a decision of MEU does not operate as an express or disguised form of res judicata. The principle of res judicata applies as a rule to judicial decisions. Thus, the Tribunal is not bound by the finding of MEU except for the limitation put on its judicial powers by having a suspension of action, which is a judicial order, lapse following a finding of MEU, which is strictly an administrative decision. Priority consideration: The Tribunal concluded that since the Applicant was found unsuitable for the post, the failure to consider his...

Receivability - The Application was found to be receivable. The Applicant has to all intents and purposes complied with the requirements of art. 8.1 (c). The Administration has had an opportunity to evaluate his request and has refused it. The Applicant is now entitled to come before the Tribunal..

Receivability - The Application was found to be receivable. The final decision taken on the placement of the reprimand in the Applicant¡¯s personnel file was on 25 February 2014 when her attempts to have her comments taken into consideration were finally exhausted. The course of action embarked on by the Applicant to have the matter resolved informally before resorting to the formal process was justifiable in the circumstances given the requirements of ST/AI/292.

Receivability - The Application was found to be receivable. The Applicant has satisfied the requirements of art. 8.1(c) of the Dispute Tribunal¡¯s Statute. Whilst his request for management evaluation may not have been drafted in the most articulate legal language, the substance conveyed leaves no doubt, the Applicant did not want to be removed from his post and was not happy that it had been readvertized. The Respondent¡¯s objections on the grounds of receivability have no merit.

The Tribunal concluded that there were procedural violations that rendered the investigation and the contested decision unlawful. The Tribunal ordered rescission of the decision or compensation of six months¡¯ net base salary in lieu of rescission. Due process and procedural fairness: The Tribunal concluded that the investigation into the allegations of sexual harassment and the subsequent disciplinary process were in breach of the procedures required by ST/SGB/2008/5 and the IGO Guidelines for Conducting Investigations and that these procedural errors were sufficiently grave to render the...