51ÁÔÆæ

The Tribunal concluded that the established facts did not legally amount to misconduct and that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore, a violation of her rights. Breadth of judicial review: When reviewing disciplinary matters, the role of the Tribunal is to look at all the facts, including the facts that came up during the investigation. Thus, the Tribunal is entitled to look at the manner in which the investigation was conducted; the facts gathered; the testimony of witnesses and the documentary evidence. ST/AI/371: The Tribunal noted that: (i)...

The Tribunal noted that the content of the notes taken by the three panel members echoed similar answers given by the Applicant, which is a clear indication that they reflect the interview as it indeed happened and the answers provided by the Applicant. The Tribunal was also provided with the list of questions asked by the Panel during all interviews, and noted that the assertions made by the Applicant that she was not asked exactly those questions as they stood were unfounded and not corroborated by any evidence. It recalled that it was well within the discretionary power of the Assessment...

Did the involvement of a retiree from the Organization in the pre-screening and short-listing process, and the competency-based interview, affect the propriety of the selection exercise?The Tribunal found that, while retirees should generally not be hired by the Organization if other options are available, the involvement of a retiree in the selection process did not in any way prejudice the candidacy of the Applicant. The Applicant was found to have met all the requirements for the post, was short-listed and was invited to participate in a competency-based interview. Further, the Applicant...

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...

Selection process: The Tribunal accepted that in the absence of any incumbent of the D-2 post, the decision of the USG/DFS, as Head of Department, to assume direct responsibility for the recruitment process through the Chief of Staff, was not an improper exercise of discretion.Second set of interviews and composition of the Second Panel: The Tribunal found that the decision to hold a second round of interviews, and the composition of the Panel, did not amount to a procedural irregularity in the particular circumstances of this case.Lengthy delay in the selection procedure: The Tribunal...

The Tribunal found that the Applicant had discharged the burden of proof in showing that her separation from the Organization was motivated by extraneous factors and improper motives. Extraneous factors ¨C There was increased animosity between the Applicant and her various supervisors both in Bor and later when she was transferred to Wau. Consequently, the Tribunal found that bias against the Applicant existed on the part of UNMISS management. Due Process/ Procedural flaw ¨C The responsible officials at the mission all defied the procedures provided for by ST/AI/371 for dealing with reports of...

The Tribunal was satisfied that the relevant rules were followed and found that the Applicant failed to show evidence that the decision was based on extraneous factors. It concluded that the Applicant was given full and fair consideration and rejected the application. Written test: Where an Applicant successfully passed an anonymous written test, but is subsequently eliminated at the stage of the interview, the question of who should have designed and corrected the written test in a selection process is not determinant for the outcome of the selection process vis-¨¤-vis the Applicant. Any...

In the Applicant¡¯s view, the Hiring Manager¡¯s alleged favoritism of the candidate finally selected was evidenced by the 19-month delay in advertising the post and a change in the standard language of the experience requirements, without which the successful candidate would have been ineligible. However, the evidence showed that said factors did not have a significant impact on the candidate¡¯s eligibility. Moreover, the slight lowering of the experience criterion was not originated by the Hiring Manager and, while he delayed the advertising he did so to ensure his alternative employment in case...

Non-renewal: A non-renewal decision can be based on a mere reduction of work, based on a workload prognosis¡ªmade at the time of the decision. This can lead to a situation where a regular budget post remains vacant without actually being abolished. There is no legal obligation for the Administration to renew a staff member¡¯s FTA based solely on the fact that the respective post is funded. On the contrary, it may be in the best interest of the Organization to save money instead of using available resources at all cost. In assessing future workload, the Administration necessarily has to make some...

Non-renewal: A non-renewal decision can be taken on the basis of a projected reduction of workload; in assessing future workload, the Administration necessarily has to make some prognosis, on the basis of the elements available at the time of the contested decision. Factual developments relating to the future workload after the date of the decision have to remain out of consideration, and do not have an impact on the legality of the decision under review. Extraneous factors: The burden of proof with respect to extraneous considerations falls on the Applicant. Ultra vires: A non-renewal...