51ÁÔÆæ

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the application irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the application irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the application irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

The Tribunal finds it noteworthy that in relation to functional delegation of authority, the person in whom authority is vested by virtue of his/her position/function has the power to delegate that authority. However, such delegation does not equate to the delegator definitively ridding himself/herself of the powers and authority that he or she delegates. Legally, a delegator continues to maintain the powers and authority that he or she has delegated, and such delegation is thus revocable at any time. Therefore, both parties¡¯ arguments that the USG/OIOS could or should have ¡°surrendered¡± her...

The Tribunal found that the Applicant was notified of the contested decision on 7 June 2017. In accordance with the time-limits provided by staff rule 11.2(c ), the Applicant had until 6 August 2017 to submit his request for management evaluation. Rather, the Applicant submitted his request on 21 August 2017. Accordingly, his request was timebarred and his application before the Tribunal not receivable ratione materiae. Consequently, the application was dismissed.

The Applicant did not show that the findings of the Rebuttal Panel together with her final performance appraisal resulted in an administrative decision to her detriment. Although the delay in finalizing the Rebuttal Panel Report was far in excess of the period contemplated under ST/AI/2010/5, the delay did not constitute an error of procedure in light of the reasons advanced by the Respondent. In accordance with section 15.4 of ST/AI/2010/5, it was mandatory for the Administration to place the report of the Rebuttal Panel on the Applicant¡¯s official status file and that there was no exercise...

Since a PIP was not put in place prior to the expiry of the Applicant¡¯s fixed-term appointment, she could not rely on section 10.5 of ST/AI/2010/5 for the renewal of her contract. The Administration extended the Applicant¡¯s contract several times despite her refusal to accept the offers of contract extension. These extensions were deemed contrary to a strict application of the requirements of section 4.4 of ST/AI 2013/1 and inconsistent with administrative regularity. However, MONUSCO continued to extend the Applicant¡¯s contract in the hope of persuading her to cooperate with the PIP. It was...

Assuming that the 11 May 2017 communication conferred a general intent to implement the ICSC decision with respect to each and every staff member based in Geneva, such individual decisions had not yet been taken. This rendered the applications irreceivable. Moreover, even the decision of general order would have been rescinded by the next communication of 18 July 2017 in which the ICSC determined that its earlier measures would not be implemented as originally proposed. The application was dismissed as not receivable.

The decision to refuse further medical evacuation was first notified to the Applicant on 15 July 2014 but he did not request management evaluation until 29 January 2017 after later requests for medical evacuation had been refused. The application was not receivable because subsequent reiterations of the same decision did not have the effect of resetting the clock for management evaluation.

Noting that there is nothing in the strict interpretation of section 1.2 of ST/SGB/2008/5 to exclude a series of discrete acts performed by more than a single individual from constituting prohibited conduct for which the Organization bears responsibility, the Tribunal found that the Applicant¡¯s allegations of institutionally enabled, or tolerated, harassment did not relate to one off incidents. Under ST/SGB/2008/5, the ES¡¯s duty was to examine the complaint in its entirety to see whether it raised issues of prohibited conduct to which the Applicant may have still been suffering from. Instead...