51ÁÔÆæ

The Tribunal found that, although the decision to appoint a new panel emanated indeed from the Administration, it did not amount to an appealable administrative decision because it was merely preparatory in nature. Consequently, the Tribunal did not have jurisdiction to review it. Discretionary and not discretionary decisions: The well-established definition of administrative decision does not even mention¡ªlet alone require¡ªany given degree of discretion among the elements characterising it. Administrative decisions may be discretionary or not discretionary, and this does not affect their...

The UNDT 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 Tribunal found that the belated filing and the accompanying legal advice and arguments advanced by OSLA Counsel on behalf of the Applicant in the context of the prior proceedings did not constitute an administrative decision subject to appeal before the Tribunal. The application was dismissed as not receivable.

The Tribunal found that there was no basis for finding that the OiC/MEU¡¯s writing in the MEU¡¯s letter to the Applicant amounted to a breach of either ST/SGB/2008/5 or ST/AI/371 and the USG/DM, therefore, did not infringe on the Applicant¡¯s rights when dismissing his complaints against the OiC/MEU. Accordingly, the application was dismissed.

The Tribunal held that the application was receivable since the Applicant was alleging non-compliance with the terms of his appointment¡ªnamely, the obligation to act reasonably and in good faith¡ªas a consequence of an alleged breach of an express promise creating a legitimate expectation. However, turning to the merits of the case, the Tribunal found that the Administration had not created a legitimate expectation when the Executive Office of the Department of Safety and Security informed him that ¡°barring unforeseen circumstances, it is the intention of the Department to extend [your] fixed...

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 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...

The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is ¡°the improper use of a position of influence, power or authority against another person¡±. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...

The Tribunal found, on receivability, that this amounts to an appealable administrative decision, insofar as it had direct effects on the Applicant¡¯s rights, and on the merits, that filling a vacancy by laterally transferring a staff member holding the same grade and within the department of the vacant post, without undergoing a full-fledged selection procedure under the staff selection system, does not per se violate the applicable legal framework. Direct legal effects: A decision to fill a given vacancy through a lateral movement has direct legal effects on the rights of potential candidates...

The Tribunal noted that: (a) there was no female member in the assessment panel, (b) the panel¡¯s evaluation of the candidates was substantially modified between its adoption by all three panel members and its scrutiny by the competent Central Review Committee (¡°CRC¡±), (c) the Hiring Manager failed to transmit his final recommendation to the decision-maker; instead the CRC Secretariat forwarded the selection record (with only one recommended candidate) to the decision-maker, and (d) the Applicant was not notified of his non-selection within the prescribed 14 days of the decision; rather, he...