51ÁÔÆæ

By not seeking the Medical Director¡¯s feedback in a timely manner, the Registrar failed to take into consideration relevant matters before making the contested decision. The decision-making process was vitiated by a defect that rendered the contested decision irrational. The delay in the handling the Applicant¡¯s complaint was unjustified. The Administration lawfully acted within its discretion in fulfilling its obligations under sec. 6.4 of ST/SGB/2008/5. The contested decision is rescinded and remanded to the IRMCT. The IRMCT shall review, in consultation with DHMOSH, whether additional...

The Applicant applied for JO 57267 as a former staff member, and in the same capacity he filed his challenge to the non-selection decision for JO 57267. There was no nexus between the Applicant¡¯s former employment with UNHCR and his standing as an applicant for JO 57267. The alleged fact that UNHCR in their recruitment processes applied the legal fiction of treating former staff members as internal applicants for a period of time, did not create a nexus extending over any other recruitment processes, such as the contested one.

The Administration duly complied with the requirements of ST/AI/2010/5. The negative rating and adverse comments in the Applicant¡¯s 2016-2017 ePAS would be read in light of the Rebuttal Report, which found the rating and comments to be without merit and designated a new rating of ¡°successfully meets expectations¡±. To this end, the rationale behind sec. 15.4 of ST/AI/2010/5 must be that any purported harm caused to the Applicant by the 2016-2017 ePAS would be mitigated by the corrective positive finding of the Rebuttal Panel. Tthe Applicant¡¯s challenge is not receivable because the revision of...

Procedural issues Respondent¡¯s challenge to the admissibility of certain documents Art. 18 of the Tribunal¡¯s Rules of Procedure contains the set of norms applicable to evidence. However, except for article 18.6, there is no specific provision in relation to admissibility of evidence based on recordings made without consent. The Tribunal finds that the transcript of a meeting the Applicant recorded is not admissible in the proceedings because it is tainted by the fact that one of the participants at the meeting was not aware that the meeting was being recorded. The Applicant cannot make use of...

The Tribunal understands that in light of HR¡¯s emails, the Applicant could have reasonably understood by mistake that his contract would be further extended pending proceedings in his cases before the Dispute Tribunal. As the Applicant did not request management evaluation within that deadline and waited until 22 June 2019, his application is not receivable.

The Tribunal found that the contested decision was unlawful based on the Respondent¡¯s admission that ¡°although there were legitimate reasons to abolish the Applicant¡¯s post, the decision to do so, which led to the non-extension of her appointment [¡­] was based, in part, on flawed considerations¡±. Therefore, the only legal issue that remained for adjudication before the Tribunal was that of remedies. Remedies The Tribunal noted that the Applicant worked as an Operations Manager, at the NO-C level, in the UNICEF Morocco Country Office. She worked on a fixed-term appointment since February 2010...

The Tribunal noted the uncontroverted evidence that the Applicant gave unsolicited responses in line with the Panel¡¯s questioning format which he seems to have been privy to. The Panel had no opportunity to ask him questions in areas such as gender since he gave successive examples in different aspects of the interview areas in a short time span. This evidence supported the finding that the Applicant¡¯s conduct did not facilitate his meaningful engagement with the Panel beyond what took place. He could not argue therefore that the Panel did not probe to elicit more appropriate examples from him...

The evidence showed that the Applicant¡¯s post was abolished and his fixed-term appointment was not extended for this reason. Therefore, the reason provided by the Administration for the non-renewal was lawful. The Applicant has adduced insufficient evidence that he was promised a renewal. The Applicant should have been aware that his fixed-term appointment expired automatically at the end of its term. The Administration properly notified the Applicant of the non-renewal of his appointment. While the notification of the decision not to extend the Applicant¡¯s fixed-term appointment did not state...

The Tribunal has chosen to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. Recalling that the Applicant only filed his application in June 2020, the Tribunal finds that his challenge against the 2013 decision is not receivable ratione temporis. In the absence of a request for management evaluation, the Tribunal cannot but find that the Applicant¡¯s challenge to the 2018 and 2019 decisions is not receivable ratione materiae.