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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made an error of law when it applied Ä¢¹½ÊÓƵICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the non-renewal decision was vitiated by Ä¢¹½ÊÓƵICEF¡¯s failure to take remedial measures to improve Mr Assale¡¯s performance was without legal basis. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erroneously concluded that both the Chad Country...

Ä¢¹½ÊÓƵAT had before it three decisions of the Conciliation Committee: the first regarding the establishment of two inquiry panels, Panel One and Panel Two; the second in respect of the decision to place the Appellant on administrative leave with pay, and the third concerning the decision to separate her from service. As a preliminary matter, Ä¢¹½ÊÓƵAT did not admit to the case file two motions submitted by the Appellant subsequent to the issuance of judgment No. 2015-Ä¢¹½ÊÓƵAT-531, as Ä¢¹½ÊÓƵAT held that the documents that she sought to adduce would not assist Ä¢¹½ÊÓƵAT with its consideration on the merits. By way of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. With respect to the application of Section 1. 8(d) of ST/AI/1999/9 to Ms Xie, Ä¢¹½ÊÓƵAT clarified that the requirement, that the Hiring Manager must submit a written analysis indicating how the qualifications and experience of the recommended candidate are ¡°clearly¡± superior to those of female candidates who were not recommended, refers to the final stage of the selection process, i. e. it is when making his or her final recommendation for the selection of a male candidate over a female candidate, to the head of department/office, authorized to...

The Ä¢¹½ÊÓƵDT found that with respect to one of them, Mr. Y., no complaint was ever received by OAIS, and that, hence, the application before the Tribunal was not receivable on that matter as no contestable administrative decision was ever taken with respect to Mr. Y. With regard to the Applicant¡¯s second colleague, Mrs. X., the Tribunal found that an email the Applicant had sent to an Ä¢¹½ÊÓƵFPA Human Resources Associate in August 2013 did not meet the formal requirements of a complaint, as it was not addressed to OAIS pursuant to Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (...

The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s complaint against said colleague, which was sent on 22 August 2014 to OAIS, was untimely as it had been sent more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with her colleague, whereas Ä¢¹½ÊÓƵFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.

The Ä¢¹½ÊÓƵDT found that with respect to one of them, Mrs. V., no complaint was ever received by OAIS and the Applicant never filed a request for management evaluation concerning her; hence, the application before the Tribunal was found as not receivable on this matter. Further, the Tribunal found that the Applicant¡¯s formal complaints addressed to OAIS against her four other colleagues were untimely as they had been sent in August 2014, i.e. more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with...

Receivability: The Tribunal concluded that MEU had taken a rather restrictive view of the nature of the Applicant¡¯s request when it deemed it to be irreceivable. While it cannot be disputed that the Applicant requested closure of the investigation against him, and the investigation was closed, he also listed a number of instances that, in his view amounted to ¡°violations of procedural fairness¡±. The procedural matters did not exist in a vacuum but were connected to the investigation. The closure of the investigation notwithstanding, the Tribunal found that there were still live issues that...

Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that...

Receivability: The Tribunal concluded that the Applicant¡¯s challenge to OHRM¡¯s decision is not receivable because the decision was expressly reversed and rendered moot when the Department of Field Support completed its review of the Applicant¡¯s case and determined that the Applicant met the remaining eligibility criteria for conversion to a continuing appointment. The Tribunal noted the general principle that where an impugned decision has been corrected by the Administration before a challenge to the Tribunal has been determined; it is in the power of the Tribunal to find that the challenge...

Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant¡¯s post. The Respondent¡¯s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence ¨C In considering the Respondent¡¯s prayer with regard to the admissibility of Annex 13, the Tribunal...

The Tribunal found that the Administration, which acknowledged its mistake, was entitled and bound to recover the money that had been paid to the Applicant in excess of his entitlements as a result, albeit limited to the period of two years provided for in sec. 3.1 of ST/AI/2009/1. The application was dismissed.

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

Selection processes and job openingsThe Tribunal appreciates that the selection process for a post starts with the creation of a job opening (sec. 3.1 of the Hiring Manager¡¯s Manual) and ends when the Head of the Office/Department makes the selection decision (sec. 14.3.7 of the Hiring Manager¡¯s Manual). A new job opening represents the beginning of a new selection process and cannot be created and or viewed as a continuation of a previous selection process that has been initiated by the publication of the first job opening for the same post. Composition of assessment panelThe Tribunal notes...

Receivability: The Tribunal concluded that the Applicant¡¯s challenge to ICTR¡¯s decision is not receivable because the decision had no legal consequences which caused her material harm or otherwise adversely affected her terms or conditions of appointment. Request for anonymity: The Tribunal concluded that in balancing the right of the Applicant to have her personal data and sensitive material protected against the principle of transparency, the pleadings and associated documents did not reveal any material or information concerning the Applicant that requires protection.

The Ä¢¹½ÊÓƵDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the Ä¢¹½ÊÓƵ Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant¡¯s illness and the potential for disrupting patients of the JMS clinic. The...

Receivability ratione personae ¨C Applying Ä¢¹½ÊÓƵAT¡¯s decisions in Gharemani and Sims, the Tribunal holds that the Application is not receivable ratione personae because the contested decision has no bearing on the Applicant¡¯s status as a former staff member.

The Tribunal found that the Applicant has discharged the burden of proof in showing that her non-selection for the upgraded post and her subsequent separation from the Organization were motivated by bias, procedural breaches, retaliation and other improper motives. Procedural flaws - The Ä¢¹½ÊÓƵIFEM Selection Guidelines were not complied with during the selection process. The Tribunal found several procedural flaws in the selection process. Priority Consideration - Priority consideration is only to be exercised if an Applicant entitled to it is recommended for appointment following an interview...

Receivability ratione personae ¨C Applying Ä¢¹½ÊÓƵAT¡¯s decision in Gabaldon, the Tribunal holds that having undertaken, even still imperfectly, to conclude a contract for the recruitment of a person as a staff member, the Organization should be regarded as intending for this person to benefit from the protection of the laws of the United Nations and, thus, from its system of administration of justice and, for this purpose only, the person in question should be regarded as a staff member.

The Tribunal found that the Applicant had missed the deadline to request management evaluation of the refusal to provide her with a badge; hence, her application was irreceivable ratione materiae in that respect. As for the denial of legal assistance, the Tribunal considered that in view of the exceptional circumstances of the case, which lies in the fact that the relationship between the Applicant and her former supervisors in the Office of the Administration of Justice, including the Chief, OSLA, had completely broken down, the refusal to grant assistance to the Applicant through OSLA could...

The Tribunal found that the application deals with identical matters as that subject of judgment Tintukasiri et al. Ä¢¹½ÊÓƵDT/2014/026, affirmed on appeal by the Appeals Tribunal (Tintukasiri et al. 2015-Ä¢¹½ÊÓƵAT-526), and that it was not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute.