51ÁÔÆæ

The Tribunal was unable to conclude that the presumption of regularity in the selection process had been rebutted by the Applicant. There was nothing to suggest that the Respondent was motivated by any improper factors in selecting a candidate other than the Applicant. The Applicant did not, even on a preponderance of evidence, establish that the selection process was not fair. The Tribunal could not conclude that the Applicant was subjected to any discrimination or that the selection exercise was tainted.

Lawfulness of competency-based interview: On the basis of the context and requirements of the Hiring Manager¡¯s Manual and the Inspira Recruiter¡¯s Manual, the Tribunal interpreted section 1(c) of ST/AI/2010/3 as requiring that an assessment panel should normally have three members that must include a female and two subject matter experts. Given this interpretation, the Tribunal concluded that the Panel was not properly constituted as it did not have two subject matter experts. The Tribunal accepted that in evaluating candidates for selection there is inevitably some overlap of the competencies...

The Tribunal found 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. Lateral transfer under sec. 2.5 of ST/AI/2010/3: Sec. 2.5 of ST/AI/2010/3 explicitly provides for the possibility of transferring staff within their departments or offices to job openings at the same level without following the procedures laid down in the staff selection system. This provision does not...

The Tribunal found that requiring candidates to such a post to type in Russian their answers to the written test was not unfair or unreasonable and noted that, in any event, this requirement was eventually lifted at the Applicant¡¯s request. The fact that graders may have been able to identify his test because it was handwritten or the fact that the Applicant was advised that he was allowed to handwrite shortly before the written test deadline do not vitiate the test, as they arise from the Applicant¡¯s desire to and result from the Administration¡¯s efforts to accommodate his concerns. Also, the...

Interpretation of art. 10.4 of the Statute of the Dispute Tribunal - The question arises whether the Tribunal should seek and obtain the concurrence of the Secretary-General before correcting a procedural error in the decision making process of the ABCC or the Secretary-General himself. The Tribunal in the circumstances of the present case is not prepared to allow its power of judicial review to be circumscribed by art. 10.4. It is not deemed that the concurrence of the Secretary-General is necessary to take the appropriate remedial measure if this is found to be necessary. The Secretary...

Mission area was not defined in ST/AI/2006/5. However, the International Civil Service Commission (ICSC) Hardship Classification provided a list of duty stations located in a country and, for the DRC where MONUSCO is, Kinshasa and Goma were classified as separate duty stations. For purposes of classification of family duty stations or non-family duty stations, the Office of Human Resource Management¡¯s (OHRM) list of non-family ¡°duty stations,¡± as at 1 January 2014, classified Kinshasa and Goma as two distinct duty stations. Additionally, the report of the Secretary-General to the General...

Abolition of post: The Tribunal concluded that the Administration was not fair, just, or transparent in its dealings with the Applicant over the discontinuation of his position. The procedure adopted for the discontinuance of the Applicant¡¯s position was not in accordance with the relevant rules, regulation and procedures. The Administration failed 51ÁÔÆæ the Guidelines concerning the timing of the written notification of the proposal to the Applicant, discussions with the manger and submission of the proposal to the Budget Committee. The failure to immediately notify him of the...

Restructuring process: The Tribunal concluded that there were no procedural irregularities in either the creation of Oversight and Support Division (OSD) or the subsequent restructuring/realignment process. Both were undertaken in a fully transparent manner, with full consultation of all staff members including the Applicant. Sufficiency of reasons: The Tribunal concluded that the Applicant was given reasons for the decision on more than one occasion including those conveyed to her by her staff representative following a meeting with UNDP Senior Management. These reasons were based on the...

The Tribunal found that it was established by clear and convincing evidence that the Applicant had had sexual intercourse with two persons under the age of eighteen and that the sanction of dismissal, together with a fine, were proportionate to the established misconduct. This conclusion was independent from the outcome of the judicial proceedings before the national courts of Kosovo with respect to the violation(s) of the CCK. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine(1) whether the facts on which the disciplinary measure was...

There was a valid offer of employment made to the Applicant, which was subsequently withdrawn. Thus, the Applicant acquired the status of an individual entitled to seek redress before the Tribunal. The act of requesting the waiver following the issuance, and acceptance, of the offer of appointment formed part of a continuum of events which should properly have led to the Applicant being appointed to the position she was sought out for. Noting that the decision not to appoint the Applicant would probably not be rescinded, the Tribunal, in the alternative, awarded her 18 months¡¯ net base salary...