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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

The Ä¢¹½ÊÓƵDT found that given that the Applicant failed to comply with the deadline for the filing of his request for management evaluation, his application was time-barred and his application was not receivable before the Tribunal.

There being no evidence that real ongoing informal resolution efforts took place between the date on which the Applicant was notified of the decision on 26 May 2011 and when he filed his request for management evaluation on 4 August 2011, the time limit was not extended and his request for management evaluation was not receivable (time barred). The Tribunal concludes that there was no genuine informal resolution efforts conducted by the Office of the Ombudsman and there was no request for extension of time addressed to the Secretary-General by the Applicant. The 4 August 2011 request for...

The Ä¢¹½ÊÓƵDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

The Ä¢¹½ÊÓƵDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. The Tribunal was of the view that it behoves the Applicant to submit to a classification review of her post in accordance with the relevant Staff Regulations and Rules. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career...

The Ä¢¹½ÊÓƵDT found that: there were no legal consequences arising from the contested decision which adversely affected the Applicant; the Applicant has not suffered any downgrading in her salary and emoluments or in her functions; and that at best, her concerns are speculative. Receivability - The Applicant contends that the implementation of the renumbering of her post will have adverse effects on her rights including her career advancement but she did not place any evidence before the Tribunal to show that the contested decision was taken solely with respect to her or that there are legal...

The Ä¢¹½ÊÓƵDT found that the Ä¢¹½ÊÓƵON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at Ä¢¹½ÊÓƵON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Ms Guzman¡¯s Motion to file an Addendum to Answer the Secretary-General¡¯s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by Ä¢¹½ÊÓƵAT. On the merits, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman¡¯s amended Motion of...

Ä¢¹½ÊÓƵAT considered the appeals of both Mr Rahman and the Secretary-General. With respect to Mr Rahman¡¯s appeal, Ä¢¹½ÊÓƵAT held that his non-selection for the D-2 post was lawful. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT very carefully examined the circumstances of Mr Rahman¡¯s interview for the D-2 post and that Mr Rahman did not meet the burden of proof that he had been the victim of retaliatory acts during the selection procedure. Ä¢¹½ÊÓƵAT held that Mr Rahman was therefore not entitled to compensation for damages resulting from his non-selection. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT correctly held that the decision to reassign Mr Rahman to...

Ä¢¹½ÊÓƵAT considered Mr Wang¡¯s appeal, specifically as to whether Ä¢¹½ÊÓƵDT correctly concluded that the selected candidate, Ms C. Y., fulfilled the requirements for the post and whether Ä¢¹½ÊÓƵDT correctly concluded that Mr Wang was accorded full and fair consideration in the selection process for the post. Ä¢¹½ÊÓƵAT was satisfied that the evidence before Ä¢¹½ÊÓƵDT supported the Administration¡¯s decision to select Ms C. Y. for the post. Ä¢¹½ÊÓƵAT found that there was sufficient evidence that Ms C. Y. had the requisite word count translation requirement and that the Administration gave her proportionate credit for her...

Ä¢¹½ÊÓƵRWA DT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. Ä¢¹½ÊÓƵAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching any importance to this omission. Ä¢¹½ÊÓƵAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. Ä¢¹½ÊÓƵAT held that the Secretary-General...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal regarding the judgment on Receivability (Ä¢¹½ÊÓƵDT/2011/063) and the judgment on the Merits (Ä¢¹½ÊÓƵDT/2010/085). As a preliminary matter, Ä¢¹½ÊÓƵAT denied Ms Hunt-Matthews' request for an oral hearing. Ä¢¹½ÊÓƵAT noted that the Secretary-General may properly appeal the judgment on Receivability as part of the judgment on the Merits and that it was timely. Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵDT should have received Ms Hunt-Matthes¡¯ application and found that it was not receivable ratione materiae. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred when it determined that Ms Hunt-Matthes¡¯ claims of...

Ä¢¹½ÊÓƵAT preliminarily denied the Appellant¡¯s motion to submit an amicus curiae brief. On the merits, Ä¢¹½ÊÓƵAT noted that the Board of Examiners found the Appellant to be one of 68 applicants who, although meeting the minimum requirements, were not deemed the most qualified and therefore not convoked to the examination. Ä¢¹½ÊÓƵAT held that the appeal did not identify any errors in the reasoning of Ä¢¹½ÊÓƵDT and found no basis for disagreeing with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the Appellant¡¯s claim was not receivable. Ä¢¹½ÊÓƵAT noted that it was evident that the Appellant knew of the process of management evaluation at the time of the impugned administrative decision. Ä¢¹½ÊÓƵAT also held that Ä¢¹½ÊÓƵDT correctly exercised its discretion to award costs against the Appellant for abuse of the judicial process, as her failure to apply for management evaluation was deliberate and thus her application was frivolous and vexatious. Ä¢¹½ÊÓƵAT dismissed the appeal in its entirety and affirmed the Ä¢¹½ÊÓƵDT judgment.

The first issue Ä¢¹½ÊÓƵAT considered was whether Ä¢¹½ÊÓƵDT erred in applying ST/AI/2010/3 to the selection of staff for the G-7 post and Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not err in this regard. Ä¢¹½ÊÓƵAT noted that the language of paragraph 14 of the Memorandum of Understanding With Respect to United Nations Personnel Procedures Application to the Ä¢¹½ÊÓƵ Joint Staff Pension Fund requires that ¡°[t]he General Service staff of the [Pension] Fund secretariat shall be appointed and promoted through the normal [United Nations appointment and promotion] procedures, according to the policies applicable at the duty stations in...

Ä¢¹½ÊÓƵAT considered the Commissioner-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT¡¯s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. Ä¢¹½ÊÓƵAT noted it was, thus, not necessary to consider the other grounds of...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. Ä¢¹½ÊÓƵAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. Ä¢¹½ÊÓƵAT also noted that Mr Bali was encouraged by the Office of Human Resources Management¡¯s (OHRM) advocacy and information...