The Tribunal noted that the starting point for the Tribunal’s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-684, which remanded the decisions on the conversion of the Applicants’ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...
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The Tribunal noted that the starting point for the Tribunal’s review of the legality of the contested decisions is the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-; 684, which remanded the decisions on the conversion of the Applicants’ fixed-term appointments to the ASG/OHRM for reconsideration.; The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...
In the preliminary assessment of the complaint, the responsible official correctly reviewed not only the Applicant’s allegations but also the evidence he provided. The responsible official reasonably (a) found no grounds to believe that the subject of the complaint had engaged in unsatisfactory conduct, and (b) concluded that the evidence did not reveal a pattern of harassment. No evidence showed that the authority to review the complaint had been unlawfully delegated or any other procedural irregularity. While the responsible official could have better spelled out the managerial measures...