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Applicant¡¯s request for a swap of posts and for priority consideration: The Tribunal¡¯s Statute does not authorize it to issue such orders to the Administration. Applicant¡¯s request for an internal review of UNDSS: The Tribunal¡¯s mandate is to enforce the individual rights of applicants; it does not behove the Tribunal to oblige the Administration to remedy problems it may identify in the functioning of the Organization. Applicant¡¯s request for determination of individual responsibilities: Assuming the Applicant intended to rely on article 10.8 of the Tribunal¡¯s Statute, such article allows the...

The Tribunal found that the PCO¡¯s role was vitiated by bias towards the Applicant, the evaluation of the Applicant was not objective, the selection exercise was unlawful and the Organization failed to discharge the burden of presumption of regularity. Naming of names: The Statute does not define ¡°personal data¡±, but for the purposes of judgments, it is unlikely to include names. Applicants are routinely named by the UNDT and UNAT in the headings of published cases except in circumstances where anonymity is granted by the Tribunal. Bias: In the legal sense, may be actual or apparent but either...

The Applicant had been assured of her eligibility, short-listed, interviewed, recommended for the position, and copied on subsequent communications, following which the Administration decided that she was not eligible. The UNDT found that the decision to disregard part of the Applicant¡¯s work experience because it was obtained prior to her Master¡¯s degree was unlawful. The UNDT also found that the decision to disregard, in its entirety, the Applicant¡¯s experience between February 2004 and April 2006 because it was deemed by OHRM to be equivalent to the G-5 or G-6 level, was unlawful...

The inherent jurisdiction of the Tribunal confers it with power to deal with contemptuous conduct and is necessary to safeguard its judicial functions. This power need not be defined in the Tribunal¡¯s Statute or in its Rules of Procedure. Willful disobedience of the Tribunal¡¯s orders is contempt and is a direct attack upon the jurisdiction of the Tribunal and its power to undertake the responsibilities with which it has been entrusted in its Statute by the General Assembly. UNON management while disregarding the authority of UNAT in Villamoran on the duty of parties 51ÁÔÆæ...

The Tribunal found that there was not clear and convincing proof that the documents were fake and therefore that count failed. However, as regards the other charges, the Applicant had not denied the violations, rather he had indicated that his superior, the Country Representative, was to blame for giving instructions to the Applicant which were in breach of the rules. The Tribunal considered that the responsibility of an Operations Manager when dealing, in particular, with procurement matters, was such that he could not rely on instructions given from above. Therefore, his liability in respect...

The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn UNDT/2011/032 which stated that ¡°even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the...

Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if heintends to put forward a different version of events from that given by the claimant, he...

Improper motives: Whilst it is permissible for the drafters of a job opening to deviate from previously established evaluation criteria where circumstances demand it, the deviation must not be actuated by bad faith or improper motives. The Tribunal concluded that the deviation from the established criteria in this case with respect to the subject Job Opening No. 21952 was informed by the desire of the incumbent of the post with the active support of the Hiring Manager to ensure that the recruitment process in respect of the Job Opening was aborted and she was retained in service beyond the...

Performance Evaluation: The career management system is a system that required mutuality and cooperation from both the supervisor and a staff member. The processing of the Applicant¡¯s PAR was unlawful. It was completed in haste and in hindsight once a decision not to renew her contract was made. The finalisation of the PAR without any input from the Applicant was a serious breach of her right due process. The PAR had not been completed either at the time of the contested decision or the expiry of the Applicant¡¯s FTA and the Administration proceeded with its decision not to renew the Applicant...

Classification - There is no evidence that the procedure for a re-classification of the Broadcast Technology Officer (¡°BTO¡±) post encumbered by the Applicant in UNMIS was ever undertaken. As already pointed out, the Chief of radio took it upon herself to re-write the competencies of the post to which in January 2010, the Applicant had been competitively recruited before she came on board as Chief of radio, perhaps in order to make the Applicant who was encumbering the post, less eligible.

Delegated Authority - The termination decision was taken without the requisite delegated authority...