The respondent submitted documentary evidence showing that the applicant’s post had been created, and the applicant recruited, specifically for the purpose of prosecuting the above-mentioned top Serbian leader. Accordingly, the Tribunal concluded that the decision to abolish the applicant’s post and to terminate his fixed-term appointment had been taken in view of the necessities of service and constituted a proper exercise of the respondent’s discretionary authority. Since it was established that the necessities of service justified the termination of the applicant’s appointment, it was not...
Rule 110.3(a)(i)
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Abolition of post
TEST -Rename- Benefits and entitlements-45
Sexual harassment
Sick leave
Disciplinary matters / misconduct
Investigation
Compensation
Disciplinary matters / misconduct
Performance management
Reassignment or transfer
Discretion
The Tribunal found that the initial imposition of the reprimand was justified based on the Applicant’s own admitted supervisory failings. However, the Tribunal found that the withdrawal and subsequent reinstatement of reprimand were improper, as was the decision to transfer the Applicant from his post. The Tribunal directed the parties to confer on the issue of compensation.