Assessment of irreparable damage in relation to non-selection decisions: The applicant was not the only recommended candidate and, therefore, it could not be concluded that he would have been selected for the litigious post. Accordingly, he failed to show that the implementation of the contested decision would cause him irreparable damage.
.Outcome: The Respondent is to pay to the Applicant USD10,000 in compensation for emotional harm.
The Applicants argue that the facts were not established and that their actions did not amount to misconduct, since they were acting in self-defense or in defense of someone else. The Tribunal noted that video evidence, i.e. hotel security camera footage, constituted the only reliable evidence to establish the facts in the instant case and concluded that the Applicants, who were on an official mission at the material time, initiated the dispute and the physical altercation and did not act in self-defense when they assaulted a security guard. Accordingly, the UNDT found that the facts...
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 noted that the HM has broad discretionary power to exercise a preliminary evaluation of the released applicants in order to establish the shortlist of the most qualified candidates to be invited for further assessment, and that the Tribunal will not easily interfere with the Administration’s broad discretion in these matters and substitute its judgment for that of the competent decision maker. It further noted that the work experience requirement as listed in the vacancy announcement (VA) was already described in broad terms, thus opening the door to large discretion as to what...
The Tribunal concluded that the impugned decision was made following the correct procedure and was based on well-founded evidence. Accordingly, the Application was dismissed. Denial of claim based on evidentiary grounds: The Tribunal observed that in assessing the Applicant’s claim for compensation, the principle issue for the ABCC was whether the injury resulted as a natural incident of performing duties on behalf of the United Nations. This was a question of fact to be established by evidence. The Tribunal held that the functions of ABCC include making recommendations on claims for...
The Tribunal found that the facts on which the sanction was based had not been established and the facts that were established did not legally amount to misconduct. Consequently, the Tribunal concluded that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore a violation of his rights. Witness statements: The Tribunal concluded that the witness statements without averments of truthfulness could not constitute clear and convincing evidence that the Applicant solicited and obtained money from the five complainants in return for their recruitment as casual daily...
Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant’s post. The Respondent’s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence – In considering the Respondent’s prayer with regard to the admissibility of Annex 13, the Tribunal...
Material facts: The Tribunal noted that the decision letter, the minutes of the UNCB meetings and the evidence of the Secretary of the UNCB showed that the UNCB acted on the understanding that in spite of its date, the Applicant’s 7 December 2010 inventory list had been prepared after the event and that there was no evidence of the Applicant’s personal possessions that predated it. The Tribunal found that such evidence existed and was available to the UNCB. Consequently, the Tribunal concluded that the UNCB did not take into account all material facts relating to the Applicant’s claim for...
The decision not to renew a fixed-term appointment is often closely linked to the Organization’s broader discretion on how to organize its services. In that respect, the Tribunal notes that in times of scare resources, managers bear particular responsibilities for making sound management decisions, which implies making an assessment of services needed at a given time in a given department, and to avoid to unnecessary expenditure of public money with which they are effectively entrusted. Any post facto assessment of these matters is only relevant to the extent that it is able to demonstrate...
