The challenged decision was not the termination but a mere notice that the Applicant’s permanent appointment may be terminated if he failed to secure a new position and rejected the agreed separation proposed. Accordingly, the contested administrative decision did not constitute a reviewable administrative decision in the sense of art. 2.1(a) of the Tribunal’s Statute.
Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s...
These positions to which the Applicant applied required specialized work experience which the Applicant did not have. The Administration reasonably concluded that the Applicant did not meet the minimum work experience required for these respective positions. Potential vacant posts likely to be created by an upcoming restructuring plan are not considered available posts. The Administration lawfully did not consider the Applicant for any potential vacant post. The Administration reviewed the Applicant’s candidacy for the positions he applied for and lawfully determined that he did not meet the...
The Applicant’s appointment was not renewed due to her own requests to leave prior to the end of her four-year rotation in that position. The record shows that the Applicant was well aware of the reasons for the non-renewal of her position and would have understood the contents of the notification letter related directly to her requests to Director and Deputy Director to leave her position. The record clearly demonstrates that the Applicant’s post was advertised due to her request to leave UNDP Guyana prior to the end of her four-year rotation. The Applicant cites no impropriety in the...
Any changes to the Applicant’s functions were simply a result of a change in management style by which the new head of department put herself more in center of the Applicant office’s work. The Applicant’s responsibilities were accordingly more aligned with her P-5 level and her job description rather than undertaking tasks at the D-1 level.
The various justifications given by the Administration suffered from inconsistencies and inaccuracies and not fully supported by the facts. However, the Tribunal finds that the Applicant failed to show that the decision was ill-motivated as alleged. The decision is unlawful. Reinstatement is not possible because the relevant office is closed. The Applicant did not prove that the harm was directly caused by the contested decision and therefore rejects his claim for moral damages.
The fact that the Applicant stated the same erroneous date in the two separate communications clearly and convincingly showed that the Applicant did so deliberately—it was not just a simple typographical mistake. Having found that the Applicant had intentionally misrepresented a divorce date in two separate communications, including an official form, resulting in his unjust enrichment, it clearly fell within the Administration’s latitude of discretion to conclude that the Applicant had committed misconduct. Considering the gravity of the Applicant’s misrepresentations, including the...
The case is moot since a cheque for the reimbursement of a dental claim was already issued prior to the filing of this application. There is no longer any administrative decision to be contested, and the dispute is resolved. It appears that the only remaining issue is an arrangement to make a payment of the bank fee by issuing a cheque or transferring money to the Applicant’s account. This is not a legal question for the Tribunal to adjudicate upon. Regarding moral damages, she has failed to provide any evidence to support her claim of moral damages in either her request for management...
- The contested decision is receivable because it affected the Applicant’s conditions of employment, and was the object of a timely management evaluation request. - There is no evidence on record that OAI’s investigation of the complaints against the Applicant was mishandled. In the circumstences surrounding the investigation, there were no unreasonable decisions made which were contrary to OAI’s Investigation Guidelines. The Applicant had his opportunity to refute all the allegations made, to question the circumstances and motivation behind the allegations, which he did. OAI’s decision that...
Therefore, the facts resulting from this investigation were not established to a sufficient standard that would permit the Administration to later rely on them to act against the Applicant once he became a staff member. Accordingly, the Tribunal is not satisfied that Administration acted as a reasonable decision maker in deciding to terminate the Applicant’s fixed-term appointment and finds the contested decision unlawful and decides to rescind it. The contested decision is rescinded. Under art. 10.5(a) of its Statute, the Respondent may elect to pay the Applicant compensation in lieu of the...
