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International Monetary Fund

a claim that the Fund failed to make the requisite efforts to reassign Applicant to another position consistent with his qualifications and the requirements of the Fund, the Tribunal decided that fault was to be borne by both parties and declined to award compensation to Applicant. Second: Although Applicant did not succeed on his principal claim, the Administrative Tribunal considers that the record assembled and argued by Applicant’s counsel in pursuit of that claim was indispensable to the Tribunal’s award to Applicant of substantial relief on other

Celia Goldman

considers that the record assembled and argued by Applicant’s counsel in pursuit of that claim was indispensable to the Tribunal’s award to Applicant of substantial relief on other substantial counts, and that accordingly the Fund should bear the great majority of Applicant’s legal costs. 77 Conclusion During 2005, the Tribunal considered issues of substantive law with which it had not previously been confronted. These included: the requirements for a lawful abolition of position; allegations of discrimination on the basis of religion, which the IMFAT recognized

International Monetary Fund

exercise was not designed to prove the presence or absence of discrimination to a high legal standard” in recognition of the evidentiary limitations of the exercise. What is significant, therefore, is that Applicant was awarded a remedy through the DRE process, although in her case, as in most others in which some remedial action was granted, no specific finding of “discrimination” was made. 102. Accordingly, the Tribunal is able to sustain the conclusion of non- discrimination in the case of Ms. “W” on the following basis. First, relief was awarded to Applicant for

International Monetary Fund

Abstract

1. On December 6 and 7, 2005, the Administrative Tribunal of the International Monetary Fund, composed of Judge Stephen M. Schwebel, President, and Judges Nisuke Ando and Michel Gentot, Associate Judges, met to adjudge the case brought against the International Monetary Fund by Ms. “Z”, a staff member of the Fund.

International Monetary Fund

Abstract

1. On March 17 and 18, 2005, the Administrative Tribunal of the International Monetary Fund, composed of Judge Stephen M. Schwebel, President, and Judges Nisuke Ando and Michel Gentot, Associate Judges, met to adjudge the case brought against the International Monetary Fund by Mr. “F”, a former staff member of the Fund.

International Monetary Fund

Abstract

Volume IV of IMF Administrative Tribunal Reports contains the Judgments and Orders of the IMF Administrative Tribunal rendered during the year 2005. An analysis of the Tribunal’s jurisprudence for the period is provided in an introductory chapter “Developments in the Jurisprudence of the IMF Administrative Tribunal: 2005.” A detailed topical Index of the Judgments and Orders is included near the end of the volume. Finally, the reader will find republished as an Appendix to this volume the Tribunal’s Statute, Rules of Procedure, and the Report of the International Monetary Fund’s Executive Board on the establishment of the Administrative Tribunal. The Tribunal initially addressed the Applicant’s principal claim, that the abolition of his position represented an abuse of managerial discretion. Referring to the governing provisions of the IMF’s internal law, the Tribunal noted that the essential requirements for a lawful abolition of position are that the position has been abolished or redesigned to meet institutional needs and the incumbent is no longer qualified to fulfill its requirements.

International Monetary Fund

Abstract

1. On March 17 and 18, 2005, the Administrative Tribunal of the International Monetary Fund, composed of Judge Stephen M. Schwebel, President, and Judges Nisuke Ando and Michel Gentot, Associate Judges, met to adjudge the case brought against the International Monetary Fund by Mr. “F”, a former staff member of the Fund.