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).
The Tribunal found that the main issues for determination in this matter were 1) whether a temporary job opening limited to “local recruitment only” is lawful, and 2) if the Applicant’s candidature was given full and fair consideration. On the first issue, the Tribunal found that the Respondent’s argument that pursuant to section 1.1 of ST/AI/2010/4 Rev.1 (Administration of temporary appointments) the Organization may limit temporary job openings to local recruitment cannot stand. It also found that there were no legal grounds for the Respondent’s assertion that limiting temporary recruitments...
The Tribunal held that only the decision of 10 August 2016 was controlling because it informed the Applicant in no uncertain terms that his P-4 appointment was going to be voided. He requested management evaluation on 7 October 2016, which was well within the 60-day delay set out in staff rules 11.2(a) and 11.2(c). This claim was therefore receivable. Revoking the Applicant’s appointment ab initio was disproportionate and thus illegal. Recovery of the Applicant’s paid emoluments was accordingly without basis. The refusal to pay the Applicant’s benefits attaching to service in Mogadishu at the...
Art. 8.1(i) of the UNDT Statute provides that in cases where a management evaluation of the contested decision is required, as in this case, an application shall be receivable if it is filed within the statutory time-limits. A staff member who has received an adverse decision about a claim cannot purport to unilaterally withdraw it and resubmit it with allegedly new evidence to attempt to have a new decision. In this case, there is not even new evidence. There would never be finality or certainty in respect of any decision if this were to be permitted. Such conduct, aimed at resetting the time...
Applicant withdrew all allegations and claims, there being no matter for adjudication by the Dispute Tribunal and the case is closed.
Receivability. The Applicant took no action to challenge the payment made to his wife, and the collection that would necessarily follow, within the 60 day period provided for in Staff Rule 11.2. At the time of submitting his request for management evaluation on 23 June 2017, the said deadline had experide several months ago. The Tribunal finds therefore concluded that the application is irreceivable rationae materiae (Egglesfield 2014-UNAT-402) concerning the recovery by the Administration of the payment of EUR 7,000 made to the Applicant's wife. The application is also irreceivable rationae...
The Tribunal’s Rules of Procedure provide in art. 9 that when there is no dispute as to the material facts and a party is entitled to judgment as a matter of law, “[t]he Tribunal may determine, on its own initiative, that summary judgment is appropriate”. The Tribunal found that the application raised a preliminary issue of receivability and determined it by way of summary judgment. The Applicant has failed to identify any specific decision taken by the Administration in respect of his alleged overtime work. He did not refer either to any request that he would have made to be compensated for...
It was not disputed that the contested decision was unlawful because the Respondent conceded that the Applicant’s candidacy for promotion to the P-5 level during the 2014 Promotions Session was not given full and fair consideration. Therefore, the Tribunal limited its consideration to the issue of remedies. The Tribunal rescinded the contested decision but noted that it has no power to grant the Applicant a promotion to the P-5 level, notwithstanding the admitted flaws in the procedures that resulted in an invalid decision. The granting of a promotion falls within the discretion of the...
The Tribunal held that there is an appropriate correlation between the rating and the explanation as, in her comments, the FRO explicitly provides the factual bases for the negative performance rating. The Applicant never submitted a written statement to object against the performance rating and therefore the rating stands unchallenged. The Tribunal held that the Applicant failed to prove that UNJSPF did not act fairly, justly or transparently. The Tribunal held that it follows from the Applicant’s self-appraisal that she herself indicated that she had received guidance, feedback and training...
Upon establishing an assessment panel and conducting competency-based interviews, the general rules and directives pertaining thereto must also be followed, even if the selection exercise is limited to rostered candidates. This must be particularly so where an election is made to follow such process, as in the current circumstances, pursuant to specific instructions from the USG/DM, and where the initial selection exercise appeared marred with irregularity so as to be set aside by the Administration. It goes without saying that a hiring manager and/or panel member should not be, or even be...
