51ÁÔÆæ

Assessment of prima facie unlawfulness: In the course of suspension of action proceedings sufficient proof of the facts must be presented in view of the strict time limits governing the suspension of action procedure.

Administration¡¯s withdrawal of unlawful individual administrative decisions which created rights: According to the Appeals Tribunal¡¯s case law, a decision creating rights cannot in principle be withdrawn by the Administration. However, staff rule 11.2 which governs the management evaluation process constitutes an exception to this principle. Thus, under this provision, the Administration is obliged to withdraw an administrative decision that is unlawful where such decision is challenged by a staff member. It is not appropriate to distinguish between the situation where the Administration finds...

Application for suspension of action pending management evaluation in disciplinary matters: It is clear from a plain reading of article 2.2 of the Tribunal¡¯s Statute, article 13.1 of its Rules of Procedure and staff rule 11.2 that the two former provisions apply only where management evaluation is required. In the instant case, the contested decision is a disciplinary measure which can be challenged before the Tribunal without first seeking management evaluation. Thus, the Tribunal cannot rely on these provisions to order the requested suspension of action pending management evaluation...

Need to observe time-limits: It is for the staff member who sought management evaluation of a decision, once he/she has been informed that the Secretary-General issued his response, to take cognizance of the content of this response as soon as possible and ensure compliance with applicable deadlines.

The UNDT found that the application was not receivable as the Applicant had failed to take the mandatory first step of requesting management evaluation of the contested decision. However, it observed that while failure to request management evaluation denies the Applicant access to the Tribunal¡¯s jurisdiction at present, the Applicant was never formally notified in writing of the administrative decision or the reasons therefore. Furthermore, the Tribunal noted that the situation in this case arose through an alleged mistake of the Administration and through no fault of the Applicant.

Starting date of the 90-day time limit to file an application: The UNDT Statute prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration¡¯s response to the request for management evaluation. If the Administration replies after the response period for the management evaluation but before the expiry of the 90-day period, the 90-day period to file an application before the Tribunal starts running again from the date the response is given. Evaluation criteria: It is clear from ST/AI/2006/3/Rev.1 and the Guidelines for programme case...

The Applicant applied twice for the position of Director of Investigations, Office of Internal Oversight Services (¡°OIOS¡±) (¡°the Post¡±) at the D-2 level. The Post was first advertised in a vacancy announcement in 2008 and again in 2009. A selection panel set up by OIOS recommended him as the only qualified candidate for the Post in each instance. Neither of these recommendations was approved by the Special Review Group (¡°SRG¡±) and, as a result, no appointment was made to the Post. A third vacancy announcement was issued, for which the Applicant did not apply. The Applicant submits that he...

The UNDT found that the Applicant¡¯s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The UNDT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The UNDT rejected the Applicant¡¯s claims of emotional distress as unproven. The UNDT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...

The UNDT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.

Renewal of fixed-term appointments: A decision to extend the fixed-term appointment of a staff member for a short period of time contains in fact two decisions, on the hand a decision to extend, on the other, a decision to set a date beyond which the staff member¡¯s appointment will not be extended. Receivability of application against a renewal decision: It follows from staff rule 4.13(c) that when the fixed-term appointment of a staff member expires, that staff member has no right to renewal. Accordingly, a decision to extend a fixed-term appointment, even for a short period of time, is not a...