The Applicant’s complaints were remanded once more to the Respondent for a proper investigation in compliance with the regulatory framework. The Respondent is to provide the Applicant with a copy of her interview transcript and summary (if any) prepared by outside provider and used in the prior investigation.
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 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 Tribunal has the power to interpret and identify the “contested administrative decision” at stake, even if the party or parties have failed to do so. The Applicant was placed on SLWOP following her expulsion from Pakistan, the host country, due to her failure to timely submit the required documents for the renewal of her accreditation card. The Applicant, as an international staff member, should have known that a valid visa and accreditation card were conditions sine qua non for her to stay in Pakistan and be able to perform her professional duties. Since these conditions were not met and...
The Applicant did not request the complainant's testimony and therefore waived his right to cross-examine her despite being allowed the opportunity to make such request in due course during these proceedings. The complainant’s account remained detailed, coherent and consistent in her complaint and in the interview with the investigators. It was also largely corroborated by the statement of the colleague to whom she promptly reported the incident.The Tribunal also notes the absence of any evidence suggesting ill-motive on the side of the complainant. This evidence meets the standards laid out...
Pursuant to art. 9 of the Tribunal’s Rules of Procedure and to established jurisprudence, the Tribunal can choose to issue a summary judgment without taking any argument or evidence from the parties as the Tribunal’s Statute prevents it from receiving a case that is not receivable. Likewise, art. 19 provides that it may issue any order or direction that is appropriate for the fair and expeditious disposal of the case. In addition, such provision allows the Tribunal to deal with issues of receivability as a preliminary matter in the interest of judicial economy. Therefore, the Tribunal can...
