51ÁÔÆæ

Receivability The Applicant¡¯s appointment was extended beyond its expiration date to allow her to exhaust her medical leave entitlements. The Applicant¡¯s entitlements, had her contract been extended, would be calculated on a different scale from that applied during her sick leave. Moreover, should the contested decision be found unlawful, the Applicant could be entitled to receive compensation for the harm caused by the unlawful decision under art. 10.5(b) of the Dispute Tribunal¡¯s Statute regardless of any entitlements she may have benefited from during her sick leave. The application cannot...

The Tribunal finds that the recovery of CHF2,838 constituting financial loss occasioned to the Respondent through the Applicant¡¯s private phone calls is not a relevant consideration to the determination of the proportionality of the sanction. This is because the recovery is not a disciplinary measure within the meaning of staff rule 10.2(b)(ii) which expressly clarifies that recovery of monies owed to the Organisation is a not a disciplinary measure. The Applicant has failed to show that he deserves a more lenient sanction than the one imposed. His impecuniosity, resulting from the sanction is...

The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant¡¯s status as ¡°divorced¡±, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.

The Tribunal finds that the Applicant¡¯s request for management evaluation on 24?July?2019 was time-barred, and thus the present application is not receivable ratione materiae.

The Tribunal finds that, contrary to the Respondent¡¯s submissions, the Applicant¡¯s allegation that she was performing Administrative Assistant functions at the relevant time is supported by her 2016-2017 and 2017-2018 e-PASes, Personal History Profile and Letters of Appointment which were the relevant documents for purposes of the comparative review process (¡°CRP¡¯). The Applicant has successfully rebutted the presumption of regularity by proving through clear and convincing evidence that the CRP was unlawful. The administration violated its own regulations and rules governing its conduct. The...

The Respondent conceded that the proper procedure in the assessment of the Applicant¡¯s complaint was not followed because she was not interviewed by OIAI as required by section 5.14 of CF/EXD/2012-007. The Tribunal found that the procedural irregularity in this case not only constitutes a serious breach of the applicable framework but it also violates the Applicant¡¯s due process rights as a complainant. The complainant¡¯s interview is a mandatory and essential step in the preliminary assessment of the complaint as it prompts the staff member to clarify the allegations, to ensure all available...

The selection process is still ongoing. It has therefore not yet yielded a final reviewable administrative decision having an impact on the legal order. The application is therefore not receivable ratione materiae.

The Administration held sufficient consultations with staff on the restructuring of WMO Secretariat by: announcing the restructuring sufficiently in advance, holding meetings with staff representatives and setting up a consultation mechanism to hear staff concerns. The Administration had the Applicant, a permanent appointment holder whose post was abolished, undergo a pre-screening interview for a vacant post along with all the other pre-selected candidates. In so doing, the Administration failed to afford the Applicant priority non-competitive consideration. The Tribunal ordered the...

In plain English, the term ¡°net base salary¡±, does not have any meaning on its own, and no authoritative definition is found in the relevant legal framework or the employment contract. The purpose of post adjustment is to ensure equity in purchasing power of staff members across duty stations. Net base salary represents the minimum, or floor remuneration payable, is defined as gross base salary minus staff assessment, and does not include post adjustment.

The deadline for the Applicant¡¯s request for compensation for any alleged irregularity in the handling of his complaint of misconduct started on 27 June 2019 when he was notified of the outcome of the complaint. The 27 June 2019 notification rendered the decision resulting from the Applicant¡¯s complaint final and therefore reviewable under art. 2.1(a) of the Tribunal¡¯s Statute. Consequently, the notification date starts the clock running for any challenge of such administrative decision. Under staff rule 11.2(c), the Applicant had 60 days to request management evaluation of the contested...