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International Monetary Fund

the claims considered in the case of Mr. “F” , the relative centrality and complexity of those issues and their ultimate disposition by the Tribunal. Applicant was not successful on his principal and most complex claim, that the abolition of his position represented an abuse of discretion by the Fund. Applicant did, however, prevail on his claims that the Fund failed: a) to take effective measures in response to the religious intolerance and workplace harassment of which Mr. “F” was an object; and b) to give him reasonable notice of the abolition of his post. As to

International Monetary Fund

finding alternative employment. 2. The Administrative Tribunal upheld the decision to abolish Mr. “F”’s position as a reasonable exercise of the Fund’s managerial discretion and found that the decision was not motivated by religious discrimination. At the same time, the Tribunal awarded Applicant compensation in the sum of $100,000 for the Fund’s failures a) to take effective measures in response to religious intolerance and workplace harassment of which Mr. “F” was an object, and b) to give Mr. “F” reasonable notice of the abolition of his position. ( Mr. “F

Celia Goldman

, race, or sexual orientation . . . .” 21 Mr. “F” alleged both that the abolition of his position had been improperly motivated by religious discrimination and that he had been the object of religious intolerance and workplace harassment during his employment with the Fund. As to the first claim, the Tribunal’s answer to the question of whether the decision to abolish Mr. “F”’s position was motivated by religious discrimination was “decidedly negative.” The Tribunal found “. . . no evidence that those who took the decision to abolish Mr. “F”’s position were so

International Monetary Fund

the reorganization of the Fund’s Department of Technology and General Services, was an act of managerial discretion, whose conception and implementation do not provide cause for reconsideration by the Tribunal on grounds of abuse of right or otherwise. 2. Mr. “F” is entitled to financial compensation for the Fund’s failures a) to take effective measures in response to the religious intolerance and workplace harassment of which Mr. “F” was an object; and b) to give him reasonable notice of the abolition of his post. 3. Consequently, Mr. “F” is awarded the

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 July 28 and 29, 2005, the Administrative Tribunal of the International Monetary Fund, composed of Judge Stephen M. Schwebel, President, and Judges Michel Gentot and Agustín Gordillo, Associate Judges, met to adjudge the case brought against the International Monetary Fund by Ms. “W”, a staff member of the Fund.