UNDT RoP
UNDT/2009/015, Abboud
The “reason to believe” must be more than mere speculation or suspicion: it must be reasonable and hence based on facts sufficiently well founded – though of course, not necessarily proved – to rationally incline the mind of the decision maker to the belief. It is clear that the question is one of fact and degree in which the decision maker is bound to act reasonably but which necessarily involves the exercise of judgment. It is inaccurate to refer to such a judgment as the exercise of a discretion. If the USG in this case had in fact decided that there was “reason to believe” that the...
UNDT/2009/014, Parker
UNDT found that in as much as the Applicant’s situation regarding promotion was re-examined by the Administration, not at the Applicant’s request but on the Administration’s initiative, the Applicant could not seriously assert that he was unable to inform the Appointment, Posting and Promotions Board (APPB) of the mistakes contained in his file. However, UNDT found that the Applicant had the right to contest before the Tribunal the decision notified to him on the grounds that the APPB would have founded its non-recommendation for promotion on incorrect facts. Regarding the Applicant’s...
UNDT/2009/013, Parker
UNDT rejected the UNHCR’s allegation that the rescission request to the Joint Appeals Board (JAB) was inadmissible as time-barred. In light of ST/AI/2005/12, UNDT found that the Director of UNHCR Medical Service had the authority to convoke the Applicant at any moment to undergo a medical examination to verify whether his state of health permitted him to discharge the functions he was assigned to. UNDT noted that the Applicant fell ill and was placed on sick leave for an indefinite period by his personal doctor following an incident with his supervisor which occurred on 8 October 2007. UNDT...
UNDT/2009/097, Lewis
Prima facie unlawfulness: There is positive evidence from the applicant as to what her supervisor stated and some evidence suggesting ill will on the part of her supervisor. The low test of reasonable arguability is satisfied and accordingly, the prerequisite of prima facie unlawfulness is present. Urgency: The applicant provided reasonable explanations for the delay in contesting the decision and the contract was to expire the day of the hearing; therefore, the urgency requirement is satisfied. Irreparable damage: Mere economic loss can never be irreparable since, if the applicant succeeds in...
UNDT/2009/096, Utkina
Receivability of the decision not to renew the appointment: In this case, the triggering point should have been the moment when the staff member was made aware by the Administration that there was no reasonable chance or possibility of renewal. Thus, it is the date when the applicant was notified of the termination of her contract; therefore, the application is receivable. Articles 13 and 14 of the Rules of Procedure: Since there is an ongoing management evaluation of the decision not to renew the applicant’s appointment, the applicable interim measure to be ordered would be that under article...
UNDT/2009/092, Calvani
The Tribunal’s decision to grant a suspension of action on such a decision would not have the effect of rescinding or reversing the contested decision as claimed by the Respondent, but only that of suspending temporarily, from the date of the Tribunal’s decision and until such date as provided for in the UNDT statute, the legal consequences of the contested decision. The Applicant claims that the decision was not taken by the Secretary-General despite the Respondent’s claims to the contrary. The Respondent refused 51猎奇 the Tribunal’s orders to submit a signed confirmation from the...
UNDT/2009/086, Planas
Since the Applicant only pointed out that the non-implementation of the indicated provision had restricted her options to be selected for posts in some duty stations, she failed to identify any such administrative decision. The Tribunal stressed that a selection process involves a series of steps which lead to an administrative decision. It stated that only if the Applicant contested the outcome of a selection process for a specific post (the administrative decision), would the Tribunal be competent to hear and pass judgement on her application.
UNDT/2009/080, Jennings
Outcome: In the exercise of its discretion under article 35 of the Rules of Procedure, the Tribunal found that it would be in the interests of justice to grant the respondent an extension of time for the filing of his reply until 21 December 2009, in order to allow the Tribunal to proceed with this matter without any further delays.
UNDT/2009/079, Abubakr
Outcome: The application for an extension of time to file an answer sets out in detail the reasons for the filing of an answer, and therefore the judge considered it as an application in terms of article 19 to file further papers. The judge held that in the current circumstances, receiving an additional submission that clarifies issues of fact and law may prevent unnecessary litigation, and assist the court in determining the questions before it in a fair and expeditious manner, and in doing justice to the parties. The judge granted the applicant leave to file an answer to the reply.