Â鶹APP

In accordance with staff rule 4.3, when a staff member has been legally accorded nationality status by more than one state, the staff member¡¯s nationality for purposes of the Staff Regulations and the Staff Rules shall be the nationality of the State to which the staff member is, in the opinion of the Secretary-General, most closely associated.In light of the provisions of staff rule 4.3, and in absence of any evidence that the discretion granted the Secretary-General by that rule has been exercised arbitrarily, in an abusive manner or vitiated by improper motives, the Tribunal finds that the...

The Tribunal found that the ICTR management was right to comply with the checking out procedures by withholding the Applicant¡¯s checkout since had been part of a committee that had not rendered financial accounts. The Applicant had been a member of an executive committee that had left office without accounting for finances during their tenure which prompted the ICTR management to withhold some of the Applicants entitlements until such accountability is undertaken. Accountability: The Applicant cannot reap a harvest of compensation from his own lack of accountability. He did not deny that he...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact...

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the...

The Tribunal concluded that: (a) the selection process for the post of D/ACGSD was not handled correctly and lawfully due to apparent bias on the part of the ASP and that he suffered prejudice/damage as a result; and (b) the Applicant was not the victim of harassment and discrimination in relation to this case. Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. The Tribunal concluded that the Advisory Selection Panel (ASP) in the present...

Management Evaluation - It was held that the Management Evaluation Unit (MEU) and the Tribunal operate on different deadlines and receivability thresholds and that the Tribunal cannot be bound by the findings of the MEU regarding the receivability of a case. Receivability - The Tribunal found that in this case, the entire 26 month period during which the Applicant was estranged from the Organization formed part of the same continuum punctuated by different contradicting decisions all of which centered on the singular issue of abuse of authority. Given the continuous nature of the Applicant¡¯s...

Estoppel - It was argued on behalf of the Respondent that the Applicant has waived or is estopped from enforcing his right to challenge the contested decision since at the Applicant¡¯s request, the Administration in good faith deferred the effective date of termination of his appointment to enable him to acquire a pension benefit. Given the circumstances of this case, the Applicant had neither waived nor was he estopped from enforcing his rights to challenge the contested decision. The principles of waiver and estoppel will not apply in such a case to deny an Applicant from enforcing his legal...

The Tribunal ordered rescission of the administrative decision to separate the Applicant from service. The Tribunal awarded the Applicant compensation for the substantive and procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines, rules and procedures. Ultra vires - It was not within the competence of the Mission Leadership Team of UNMISS to leave its role of implementing the new mission¡¯s mandate in order to dabble into matters of human resource management and the transitioning and de-transitioning of staff from the old mission to the new...