51ÁÔÆæ

It resulted from the records that the Applicant only requested management evaluation of the decision concerning her non-selection, while no management evaluation request was filed with respect to the decision to abolish her former post The Tribunal, therefore, found that the claim concerning the abolition of the Applicant¡¯s former post was not receivable and proceeded to only review the non-selection decision. The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these...

The Tribunal found that the selection process was conducted in accordance with the Administrative Instruction on Staff Selection and the Recruitment Strategy. In accordance with these rules, the Applicant was given priority consideration due to her status as a staff member on an abolished post and was shortlisted, tested, and interviewed for the post as an internal candidate. However, following the written tests and the interviews, the selection panel unanimously found that none of the internal candidates, including the Applicant, were suitable for the position and recommended that the vacancy...

The Applicant had not adduced any documentary evidence to show that the SecretaryGeneral considered and made an administrative decision in relation to his claim for gross negligence. The only evidence that he had produced was to the effect that he asked the ABCC to consider compensating him for gross negligence over and above the award for compensation for injuries sustained in the course of duty. The Applicant brought his claim for compensation for gross negligence under a procedure that had been adjudicated irregular for not being supported by any Staff Regulation, Staff Rule or...

The Applicant did not respond to a case management order. She was therefore no longer interested in the pursuit and outcome of the proceedings which were deemed to have been abandoned. The matter was dismissed for want of prosecution.

The Tribunal chose to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. The Tribunal recalled that under art. 8.1(c) and 8.1(d)(i) of the Tribunal¡¯s Statute, a substantive application is receivable if the contested decision has been submitted for management evaluation and the application is filed within 90 calendar days of the applicant¡¯s receipt of the response by management to his or her submission or within 90 calendar days of the expiry of the relevant response period for the management evaluation if no response to the request...

The Applicant did not mention a relevant experience in his personal history profile. Although the Applicant disagreed with the hiring manager¡¯s evaluation of the relevance of his experience, he failed to establish that the hiring manager¡¯s assessment was unreasonable. The hiring manager did not introduce additional criteria to evaluate the job candidates. The minimum work experience requirements for the position were not an unlawful deviation from the generic job profile for the position or unduly restrictive. The hiring manager¡¯s decision to not administer a written test was within his...

The reason given to the Applicant for the impugned decision, namely, the organizational restructuring at UNFPA, is supported by the facts. Evidence shows that UNFPA suffered the significant financial shortfalls, and UNFPA, facing such a precarious financial situation, undertook the genuine organizational restructuring which resulted in the abolition of the Applicant¡¯s post and the termination of her appointment. While the Applicant claims improper motives, the Tribunal finds that she presented no supporting evidence and thus did not meet the burden of proof in this regard. The Organization¡¯s...

It was uncontested that a) the Applicant should have filed his application by 4 September 2019 (Geneva time) and b) he only filed it on 5 September 2019. The Applicant¡¯s Counsel argues that ¡°technical difficulties¡± and an ¡°internal oversight¡± prevented OSLA from timely filing the application. The Tribunal noted that the CCMS records showed that the application was filed on 5 September 2019 at 1.01 p.m. (Geneva time). Also, the screenshot of the ¡°error message¡± provided by the Applicant did not have a timestamp or any other element proving that there was an effective attempt to timely file the...

Section 3.2 of ST/SGB/2008/5 imposes a ¡°duty¡± on the Administration ¡°to take all appropriate measures¡± with a view to ¡°promot[ing] a harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct¡±, but very limited statutory guidance is otherwise provided in the provision on what such measures could be in practice. The only example, at least as relevant to the present case, appears to be that ¡°complaints of prohibited conduct are promptly addressed in a fair and impartial manner¡±. A search of the Appeals Tribunal¡¯s jurisprudence reveals that the...

Receivability The contested decision, i.e., the decision taken by the Director, ID, OIOS, not to rearrange the Applicant¡¯s reporting lines is an administrative decision. In fact, reporting lines relate directly to the core of the employee-employer relationship and have an impact not only on the daily functions that the staff member performs but, also, on its evaluation and future career prospects. Hierarchy and reporting lines are an essential part of a complex normative framework for performance management, namely ST/AI/2010/5, and impact directly the staff member¡¯s terms of employment...