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Receivability The Application was found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicant requested management evaluation timeously. 2) An individual administrative decision, namely, to apply the new post adjustment in relation to the Applicant, had been issued and implemented, as demonstrated by her salary slip of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s decisory...

Receivability The Application was found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicant requested management evaluation timeously. 2) An individual administrative decision, namely, to apply the new post adjustment in relation to the Applicant, had been issued and implemented, as demonstrated by her salary slip of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC’s decisory...

The Tribunal found that the decision to abolish the post of Senior Child Protection Officer in Darfur, Sudan is not subject to judicial review. That aspect of the application was non-receivable ratione materiae. The Tribunal found that the Administration did not act unlawfully by not renewing the Applicant’s contract because the contract itself was clear that it was expiring on 31 December 2018. Fixed-term contracts carry no expectation of renewal.

The authority to grant an SPA, which, at Annex IV to ST/SGB/2019/2, is delegated to Heads of entity (D-1 and below) and which the Officer in Charge exercised in handling the SPA request is different from the authority to grant an ex gratia payment. The Applicant did not provide any evidence to prove that the authority to award an ex gratia payment was at any point delegated from the USG/DMSPC. In the absence of evidence of express transmission of authority the Tribunal was not satisfied with the Applicant’s assertion that the Acting Director of the Administrative Services Division had...

The authority to grant an SPA, which, at Annex IV to ST/SGB/2019/2, is delegated to Heads of entity (D-1 and below) and which the Officer in Charge exercised in handling the SPA request is different from the authority to grant an ex gratia payment. The Applicant did not provide any evidence to prove that the authority to award an ex gratia payment was at any point delegated from the USG/DMSPC. In the absence of evidence of express transmission of authority, the Tribunal was not satisfied with the Applicant’s assertion that the Acting Director of the Admiistrative Services Division had...

The first contested decision – the ICSC refusal to address the Applicant’s request for payment of compensation for the sexual harassment she was subjected to by the ISCS Chair is moot because the current Chair of the ICSC eventually responded to the Applicant’s request. The Chair of the ICSC is not staff of the Secretariat and therefore falls outside the scope of ST/SGB/2008/5, or the Staff Regulations and Rules. The ICSC decision not to compensate the Applicant for the sexual harassment she was subjected to by the former Chair (second contested decision) is not attributable to the Secretary...

The Applicant’s professional counsel, by his own admission, was well aware that the Applicant would not be able to meet the filing deadline as he encountered difficulties in getting instructions from her. Contrary to his assertion, it was his professional duty to promptly notify the Tribunal and request relief. However, he failed not only to promptly inform the Tribunal of his client’s inability to meet the deadline but also to provide any reason for it in the application itself. Therefore, the Tribunal is not satisfied that the exceptional circumstances prevented the Applicant from timely...

The Applicant had a contractual right to be recruited as the Respondent provided no reason whatsoever for not doing so after having issued an offer of appointment.

Given that the decision not to lift the Applicant’s immunity is not an administrative decision capable of judicial review, the request for compensation for any harm caused by such decision is consequently also beyond the scope of the Tribunal’s competence. The Applicant failed to request management evaluation of the Administration’s refusal of his claim for compensation. This part of his application is therefore not receivable under art. 8.1(c) of the Tribunal’s Statute and staff rule 11.2(a).

The Respondent has minimally shown that the Applicant received a full and fair consideration. The Applicant was lawfully not selected for the Post, as her test result was below the passing score. The requirements the written test directly related to the responsibilities of the contested position. There was no indication of any alterations or discrepancies with the marking methodology. The Organization does not have a promotion system where managers are obligated to develop and train supervisees for promotion opportunities and assist them in career growth and, therefore, job applicants have no...