Â鶹APP

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 selection process is still ongoing. It has therefore not yet yielded a final reviewable administrative decision having an impact on the legal order. The application is therefore not receivable ratione materiae.

The Administration held sufficient consultations with staff on the restructuring of WMO Secretariat by: announcing the restructuring sufficiently in advance, holding meetings with staff representatives and setting up a consultation mechanism to hear staff concerns. The Administration had the Applicant, a permanent appointment holder whose post was abolished, undergo a pre-screening interview for a vacant post along with all the other pre-selected candidates. In so doing, the Administration failed to afford the Applicant priority non-competitive consideration. The Tribunal ordered the...

In plain English, the term ¡°net base salary¡±, does not have any meaning on its own, and no authoritative definition is found in the relevant legal framework or the employment contract. The purpose of post adjustment is to ensure equity in purchasing power of staff members across duty stations. Net base salary represents the minimum, or floor remuneration payable, is defined as gross base salary minus staff assessment, and does not include post adjustment.

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 found that the rebuttal panel was properly constituted. The Tribunal found that the rebuttal panel¡¯s review of the evidence complied with the applicable norms. The Tribunal found that the Applicant¡¯s medical condition was not an excuse for his reported poor performance. The Tribunal found that because the Applicant¡¯s report of abuse of authority against his supervisor was only filed after the performance appraisal was completed, it had no bearing on the appraisal.

Even though the relevant legal framework provides no guidance on the procedure to be followed for a transfer decision, the general principle of good faith and fair dealings dictates that a staff member should typically¡ªand at a minimum¡ªbe consulted about such transfer before the final decision is made and priorly be provided with a genuine opportunity to comment thereon --As a matter of good faith and fair dealings, an administrative decision that significantly alters the terms and conditions of a staff member¡¯s employment should be notified to this person in a formal written decision --It is...

The past practice of the Organization in cases involving sexual harassment shows that disciplinary measures have been imposed at the strictest end of the spectrum, namely, separation from service or dismissal in accordance with staff rule 10.2(a), which has been affirmed by the Appeals Tribunal in various judgments

As the remedy requested in the application had already been obtained, the Tribunal rejects the application as moot.

The Tribunal finds that the Respondent has been able to minimally show that the Applicant¡¯s candidature was given full and fair consideration, including special consideration as an internal candidate on an abolished post but that the Applicant has failed to show that she was denied a fair chance during the selection process. Accordingly, the Tribunal DECIDES that the application is rejected in its entirety.