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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 The Tribunal rescinded the contested decision but noted that it has no power to grant the Applicant a promotion to the P-5 level, notwithstanding the admitted flaws in the procedures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 noted that at the time of the hearing, Respondent counsel had not been instructed or informed the recruitment exercise in question and consequently did not apprise the Tribunal about this fact, just as the Applicant’s Counsel did not know about the Applicant’s application for the position. The Tribunal held that the applying party, the Respondent, meaning the Administration at large, must have known about the ongoing recruitment exercise and the Applicant’s job application for the Job Opening. At the very least, such knowledge must be imputed or assumed to have been known to the...

UNDT accepted the Applicant’s witnesses’ as evidence as relevant and admissible. The witnesses generally addressed theatmosphere in which the United Nations Interim Security Force for Abyei (UNISFA) staff in Abyei functioned, including the reaction of the principal chiefs of the Dinka tribe to policy changes which they did not like. This raised issues to be considered in assessing the complaints of Complainants 1 and 2. Complainants 1 and 2 did not sign or indicate the veracity of their statements. This failure to authenticate the statements created doubt as to the veracity of the statements...

Article 13 of the applicable Appendix D requires the ABCC to make its determination “on the basis of reports obtained from a qualified medical practitioner or practitioners”. The scope of the ABCC’s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above).; As convincingly explained by the Applicant’s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it—PTSD is per definition a post traumatic...

The Applicant indicated that he had been promised during a pre-interview presentation that the names of the assessors would be provided. The Respondent failed to present a plausible, or indeed any, basis for the non-response to the Applicant’s proactive inquiry as to the names of the assessors. It would have been proper, under the circumstances, for the Respondent to either dispute the fact of the promise or provide the requested information. The Respondent’s silence drew a finding of impropriety. If the Applicant had received the assessors’ names, he would have had the opportunity to raise...

The required facts for a finding of sexual exploitation were not proven clearly, or at all, such that a decision to impose the sanction of separation could have been justified. There was also a failure to consider relevant evidence as to a prior courtship relationship between the parties that if considered would have shed further doubt on whether the Complainant was exploited. There was no factual basis for the investigators and the Respondent to have found that there was a relationship of trust that could have been abused. The Complainant was not a beneficiary of assistance from the United...

Article 13 of the applicable Appendix D requires the ABCC to make its determination “on the basis of reports obtained from a qualified medical practitioner or practitioners”. The scope of the ABCC’s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above). As convincingly explained by the Applicant’s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it—PTSD is per definition a post traumatic...

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 irregularities detected in the selection process were of such gravity—not keeping any written record of the contested administrative decision, an undefined decisionmaker, and flawed reasons and justifications—that they cannot be regarded as minor procedural or substantive errors that did not impact the outcome of the non-selection decision. Accordingly, the Respondent was not been able to minimally show that the Applicant’s candidature for the post was fully and fairly considered. Four other candidates had been shortlisted for the written test for the relevant post. Had the Applicant...

The Tribunal found that the Applicant was wrongly evaluated against unpublished criteria, discretionary authority to cancel the RFR job opening was misused and abused and the Applicant was not afforded a fair chance at adequate and impartial consideration, the Tribunal finds that the applicable Regulations and Rules were not applied in a fair, transparent and non-discriminatory manner. The Applicant met and exceeded the requirements for the JO but the RFR was improperly cancelled. The Tribunal found that the presumption of regularity of the hiring manager’s actions has been rebutted and that...