51ÁÔÆæ

The Tribunal found that, although the decision to appoint a new panel emanated indeed from the Administration, it did not amount to an appealable administrative decision because it was merely preparatory in nature. Consequently, the Tribunal did not have jurisdiction to review it. Discretionary and not discretionary decisions: The well-established definition of administrative decision does not even mention¡ªlet alone require¡ªany given degree of discretion among the elements characterising it. Administrative decisions may be discretionary or not discretionary, and this does not affect their...

The Tribunal was satisfied that the relevant rules were followed and found that the Applicant failed to show evidence that the decision was based on extraneous factors. It concluded that the Applicant was given full and fair consideration and rejected the application. Written test: Where an Applicant successfully passed an anonymous written test, but is subsequently eliminated at the stage of the interview, the question of who should have designed and corrected the written test in a selection process is not determinant for the outcome of the selection process vis-¨¤-vis the Applicant. Any...

The Tribunal noted that the relinquishment of the Applicant¡¯s post was not imposed upon her by the Administration. It occurred at her own initiative and of her free will. It found that the termination decision was lawful and rejected the application. Termination of an FTA: The FTA of a staff member who signed an agreement relinquishing the lien on his/her regular post and, hence, who has no post to return to, can be terminated on the basis of that agreement. The Administration has no duty to make good faith efforts to place that staff member against a suitable post beyond the terms of the...

The Tribunal found that the case was one of termination of mandate, rather than of abolition of post under the relevant rules; hence, the decision to terminate the Applicant¡¯s permanent appointment was illegal. It further decided that even if one were to follow the Respondent¡¯s argument that it was post abolition, such abolition needed the approval of the Board of UNICRI which had not been obtained. Finally, following the argument that it was post abolition, the Tribunal noted that the Administration clearly failed 51ÁÔÆæ its obligation to make reasonable and good faith efforts under...

The Tribunal found established that the Hiring Manager had a certain bias against candidates who, like the Applicant, were already working at the Division when she joined it as its Director. However, this bias did not crystallise so as to have had an impact on the Applicant¡¯s candidature as all candidates¡¯ tests were rated on an anonymity basis by four panel members. The Administration made a minimal showing that the procedure had been proper by following a protocol designed to ensure the candidates¡¯ anonymity until after the written test was graded and, hence, the burden of proving that the...

The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific categories of decisions: those taken pursuant to advice obtained from technical bodies and...

Since the applications were identical, the Tribunal joined them per employing organization. The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific...

Since the applications were identical, the Tribunal joined them per employing organization. The Tribunal found that the applications were irreceivable because no timely management evaluation request had been filed and, even assuming the impugned decisions were of such type that no management evaluation was required, the applications were not filed within the statutory time limits to come before the Tribunal. Receivability: Requesting management evaluation within 60 days of the notification of the impugned decision is mandatory for any administrative decision with the exception of two specific...

The Tribunal found that the Applicant¡¯s due process rights had been respected, that the facts on which the disciplinary measure was based were established and amounted to misconduct, and that the disciplinary measure was proportionate to the offence, and rejected the application. Misconduct: Under the relevant rules, misrepresentation, forgery or false certification in connection with an official claim or benefit¡ªwhich can include failure to disclose a fact material to that claim or benefit¡ªcan be ¡°wilful, reckless or grossly negligent¡±. Gross negligence is defined as ¡°an extreme or aggravated...

The UNDT found that it does not have jurisdiction to review the medical opinion expressed by the Medical Services Division, as requested by the Applicant, and dismissed the application in its entirety. Procedure for challenging a decision taken pursuant to Appendix D: A claimant may either challenge a decision taken by the Secretary-General upon recommendation from the ABCC by seeking reconsideration under art. 17 of Appendix D or by appealing it before the Dispute Tribunal. However, the two avenues offer different prospects. Reconsideration under art. 17 of Appendix D: The reconsideration...