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The Tribunal ruled that the selection procedure was flawed on grounds that: (a) first and foremost, the evaluations of the candidates as agreed to by the panel had been substantially modified prior to their transmission to the Director-General, UNOG, for the final decision, without the approval of the panel members; (b) the panel gave the Applicants misleading instructions during the interview that impacted negatively on their ratings; (c) the Director-General, UNOG, was not demonstrably provided with a documented record enabling him to make an informed selection decision; (d) no written...

The Tribunal noted that the content of the notes taken by the three panel members echoed similar answers given by the Applicant, which is a clear indication that they reflect the interview as it indeed happened and the answers provided by the Applicant. The Tribunal was also provided with the list of questions asked by the Panel during all interviews, and noted that the assertions made by the Applicant that she was not asked exactly those questions as they stood were unfounded and not corroborated by any evidence. It recalled that it was well within the discretionary power of the Assessment...

The Tribunal found the application irreceivable for want of management evaluation request.

The Tribunal dismissed the application as time-barred, as the Applicant failed to submit a timeous request for administrative review/management evaluation.

The Tribunal found that the decision not to convoke the Applicant to the YPP in Public Information was not a separate administrative decision, since he had never applied to take that exam. The decision not to convoke him to the YPP in Administration was taken by the Central Examinations Board (“CEB”), upon appeal, on the grounds that the Applicant did not fulfill the educational requirements. The Tribunal found that that decision was null and void, since the CEB, which held its meeting by email exchanges, did not have the required quorum and the decision was made after the date of the exam...

The facts at issue and their legal characterization (physical assault) were established. However, the Tribunal found that the sanction imposed was disproportionate, considering that the mitigating circumstances applicable, notably the Applicant’s mental health condition at the time of the incident giving rise to the disciplinary measure and alleged provocation before it, were not fully and properly considered. It was noted that the investigation failed to gather sufficient evidence on these aspects, which where thus not properly put before the decision-maker. Unlawfulness of a “forfeit...

The Tribunal found that the Organization failed to fulfil its obligations by not making timely payments to the Applicant under art. 11.2(d) of Appendix D for the two periods concerned, and that the amounts paid to the Applicant did not compensate him for the delay in payment as they should have. The Tribunal awarded the Applicant material damages in the amount of USD29,261.86 plus CHF10,544.50, and compensation for any additional taxes due by the Applicant, upon presentation of his tax declarations to the Respondent, resulting from the receipt of a lump sum of USD72,266.46 in 2015, instead of...

Formal requirements: It is justified to request a complainant to conform to the requirements of format and content of secs. 5.11 and 5.13 of ST/SGB/2008/5. However, as a matter of fairness, the same degree of exigency must be required from the different complainants. Purpose and material scope of ST/SGB/2008/5: ST/SGB/2008/5 was promulgated to address very specific kinds of conduct, defined in its sec. 1. Re-characterizing allegations of a different nature and having them investigated under the bulletin is a misuse of the procedure. Investigating a complaint and its counter-complaint together...

Non-renewal: A non-renewal decision can be based on a mere reduction of work, based on a workload prognosis—made at the time of the decision. This can lead to a situation where a regular budget post remains vacant without actually being abolished. There is no legal obligation for the Administration to renew a staff member’s FTA based solely on the fact that the respective post is funded. On the contrary, it may be in the best interest of the Organization to save money instead of using available resources at all cost. In assessing future workload, the Administration necessarily has to make some...

Non-renewal: A non-renewal decision can be taken on the basis of a projected reduction of workload; in assessing future workload, the Administration necessarily has to make some prognosis, on the basis of the elements available at the time of the contested decision. Factual developments relating to the future workload after the date of the decision have to remain out of consideration, and do not have an impact on the legality of the decision under review. Extraneous factors: The burden of proof with respect to extraneous considerations falls on the Applicant. Ultra vires: A non-renewal...