51ÁÔÆæ

The application was withdrawn by the Applicant in light of a settlement agreement.

Concerning receivability ratione temporis, the Tribunal found the applications receivable ratione temporis in view that 1) it did not process the Applicants¡¯ 2014/2015 motions for extension of time, thus did not include in its March and June 2015 adjudication of similar cases and 2) in light of UNAT¡¯s reversal of the UNDT¡¯s March and June 2015 judgments. Concerning receivability ratione materiae, the Tribunal considered the fact that the Applicants did not request management evaluation on the grounds that the decision had been taken by a technical body. In this connection, the Tribunal noted...

Any irregularity in the selection process had no impact on the selection status of the Applicant because, no matter what, she had no foreseeable chance of promotion.

The decision not to select the Applicant because of her rejection of the ICSC Chairman¡¯s sexual advances constitutes its own distinct issue. The separate and independent issue of whether the selection process was tainted by the Applicant having allegedly rejected sexual advances of the ICSC Chairman has not been the subject of management evaluation to date as otherwise required by staff rule 11.2(a).

Even if the investigation had been completed and it has been decided not to inform the Applicant of its outcome, such decision would still need to be submitted for management evaluation. No matter what the situation is¡ªif a decision has been made on providing the Applicant information on the OIOS investigation or not¡ªthe application is not receivable.

The first contested decision ¨C the ICSC refusal to address the Applicant¡¯s request for payment of compensation for the sexual harassment she was subjected to by the ISCS Chair is moot because the current Chair of the ICSC eventually responded to the Applicant¡¯s request. The Chair of the ICSC is not staff of the Secretariat and therefore falls outside the scope of ST/SGB/2008/5, or the Staff Regulations and Rules. The ICSC decision not to compensate the Applicant for the sexual harassment she was subjected to by the former Chair (second contested decision) is not attributable to the Secretary...