The Applicant remains on special leave with full pay at the time of the judgment. The decision to terminate his appointment remains suspended and has no impact on his terms of appointment, the application is therefore not receivable ratione materiae.
The Applicant was placed on special leave with full pay and not separated at the time of the judgment. Therefore, the appeal of the termination decision has not yet produced direct legal consequences to the Applicant鈥檚 terms of employment and is therefore note receivable. The Applicant did not submit the implied decision not to find him a suitable post for management evaluation, therefore this implied decision is not receivable. The Administration considered the Applicant for a post he applied for along with other candidates in violation of the obligation to consider his suitability on a...
Since the Applicant remains on special leave with full pay pending management evaluation at the time of the judgment, the termination decision remains suspended and has not yielded effects on the Applicant鈥檚 terms of appointment. The application is therefore not receivable. The action or inaction of the Administration to find an alternative post for the Applicant after he was first placed on special leave with full pay is not receivable because the Applicant did not include this ground in his request for management evaluation.
The challenged decision was not the termination but a mere notice that the Applicant鈥檚 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鈥檚 Statute.
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鈥檚 candidacy for the positions he applied for and lawfully determined that he did not meet the...
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...
