51ÁÔÆæ

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant in light of a settlement agreement.

An interview panel set up by a Programme Manager is the Programme Manager¡¯s agent and as the principal, the Programme Manager is bound by the evaluation and recommendations of the panel in so far as the panel does not exceed its mandate. When a head of department having a final say in the making of a selection decision influences the outcome of an interview process and report, the resultant selection process has been unduly interfered with and its integrity compromised. It does not lie within the discretionary authority or prerogative of the Administration to evaluate both 30-day and 60 day...

An agency relationship exists between an interview panel and a Programme Manager or Program Case Officer, such that the Programme Manager is bound by the evaluation and recommendations of the panel provided that it acts within its terms of reference. The Administration had no prerogative or power to cancel the vacancy announcement for the reasons relied upon.

Having considered the parties¡¯ submissions on the matter of the appropriate relief for the Applicant, the Tribunal: (i) Orders rescission of the decision to summarily dismiss the Applicant; (ii) Orders the Respondent to reinstate the Applicant; (iii) Orders the Respondent to make good the Applicant¡¯s lost earnings from the date of his summary dismissal to the date of his reinstatement with interest at 8% less US$ 2,600 per month for the said period; (iv) Orders that the Applicant be served a written reprimand to be filed in his Official Status File for the reasons cited at paragraph 8.1 (iii)...

Outcome: Appeal upheld. Decision held to be a breach of staff regulation 2.1 and the principle of equal pay for work of equal value. Respondent ordered to pay compensation of the difference in salary, allowances and other entitlements between the applicant¡¯s current level and the level at which she should have been classified since the date she made her request. Respondent ordered to pay compensation for non-material damage due to frustration and humiliation compounded by delays at six months¡¯ net base salary.

The application was withdrawn by the Applicant in light of a settlement agreement.

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant after the parties reached an agreement.

The application was withdrawn by the Applicant.