51ÁÔÆæ

On consideration of the totality of the applicant¡¯s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all UN staff members were to be ¡°considered first¡±, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a UN staff member and the applicant challenged the decision to appoint them. At around the time of the applicant¡¯s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

The Tribunal noted that the case was one of the cases provided for under Section 4.2 of ST/SGB/2009/11 on transitional measures. At the outset, the Tribunal declared the application irreceivable with respect to any claim which had not been raised previously in the request for review to the Secretary-General. The Tribunal further raised ex officio the issue of the receivability ratione personae of the application since the decision not to select the Applicant to the post was taken when the Applicant was a former staff member. The Tribunal noted that article 3, paragraph 1 (b), of the UNDT...

The Tribunal cannot allow the Applicant¡¯s claim to continue to ¡°hang like the sword of Damocles¡± over the efficient operations of the Organization. The Applicant had failed to give instructions to his Counsel in respect of his Application. The Applicant¡¯s Counsel¡¯s responses show disregard for the directions from the Tribunal. The Applicant has not actively or diligently pursued his case.

Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the UN justice system remain within a reasonable frame. As for exceptions, ¡°exceptional cases¡± arise from exceptional personal circumstances. Relevant factors for an Applicant¡¯s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the...

The Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2.1 (a) of the UNDT Statute. The Tribunal took the view that the decision taken by the administration to appoint an ad interim DCPM and to reallocate responsibilities and duties pursuant to that appointment was an administrative decision. Nevertheless, for the purposes of Article 2.1 (a) of the UNDT Statute, the Tribunal stated that it is not sufficient for the Applicant to merely establish that an administrative decision was taken in the overall context of the position she...

The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1 (a) of the Statute of the United Nations Dispute Tribunal. The Tribunal cannot compel the Organization to investigate the Applicant¡¯s complaints against ECA¡¯s Senior Management as pleaded by the Applicant. An investigation is part of a disciplinary procedure as described at paragraph 2 of ST/AI/371 ¨C Revised Disciplinary Measures and Procedures. The Applicant has recourse under the Staff Regulations and Rules to pursue his grievances in relation to his allegations of abuse of authority by ECA Management.

The early termination of his contract was not based on a proper or lawful evaluation of the Applicant¡¯s performance. In the absence of a comprehensive and fair performance evaluation done at the time, the reasons given by the Respondent cannot be regarded as cogent or reliable because the Applicant did not have an opportunity to refute, answer or rebut them. They therefore represent just one side of the story and, however strongly felt by the Respondent, are not a reliable basis for a lawful termination of the contract before its expiry date. This is not a question of improper motivation...

The decision by the Chief of the Human Resources Services Section (HRSS) to discontinue the selection process without a proper determination that the recruitment procedures had not been followed precisely was an abuse of the Administration¡¯s discretionary authority. While the Applicant had only been ¡°recommended¡± for the post by the ASP and had not been ¡°selected¡±, the serious procedural irregularity that resulted from the Chief of HRSS¡¯ actions prevented his candidacy from proceeding to the central review body and therefore amounted to a violation of his rights. The decision was an abuse of...

Articles 2(1) and 2(1) (a) of the Statute of the UNDT define a contract of employment to include ¡°all pertinent regulations and rules and all relevant administrative issuances in force at the time of the alleged non-compliance. There is nothing before the Tribunal to evidence that the Applicant signed any LOA in relation to the offer made by the organization to employ him on the terms defined in the reassignment memorandum dated 10 June 2008. The reassignment memorandum contained terms that were not certain, that were qualified and cannot therefore besaid to have been a final and binding...