UNDT/2012/001, Adholla
An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.
An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.
Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if heintends to put forward a different version of events from that given by the claimant, he...
Following inter partes discussions pursuant to case management directions by the Tribunal, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement. The UNDT stated in the judgment that, there no longer being any determination to make in view of the Applicant’s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.
Due process: The evaluation of the Applicant’s performance for the 2008/2009 reporting cycle was not carried out in accordance with the established procedures and materially discredits the Respondent’s case. UNON had an obligation to defer the non-renewal decision until the rebuttal process had been completed but failed to do so. This was a violation of the Applicant’s due process rights. Bad faith: The negative relationship between the Applicant’s former FRO and SRO was contributory to the non- renewal of the Applicant’s contract. The Applicant’s SRO demonstrated ill-motive and unethical...
The application is struck out as being inadmissible because under the terms of the contract that the Applicant voluntarily entered into she is not a staff member and the rules and regulations of the UN do not apply to her. She is employed under a service contract that confer on her rights akin to that of a consultant and the breach of any such rights is to be settled via binding arbitration. Consequently, she does not have standing to bring her claim to the Tribunal. In the alternative, even if the Applicant had standing to bring her claim, it is, in any event, not receivable as she did not...
The Applicant’s request for recusal was not receivable and did not warrant a referral to the President of the Tribunal for determination. The Applicant’s claims were all of a substantive nature and would have been more appropriately dealt with by an appellate Tribunal. There was nothing to rectify or correct in the judgment as none of the particulars listed in the application were related to any errors.
The Tribunal rejected the application and awarded costs for abuse of process.
The Tribunal noted that for an application to be receivable, the decision that is being challenged has to be an “administrative decision” under the provisions of the Tribunal’s Statute. In the present case, the abolition of the post at stake had not yet been formally approved by the United Nations General Assembly. The Tribunal found that the mere proposal to abolish a post does not constitute an “administrative decision”, because it does not produce “direct legal consequences”. Therefore, and since the Applicant did not challenge an administrative decision, the Tribunal decided that her...
Relying on articles 7 and 34 of the Rules of Procedure, the Tribunal found that the Application was not receivable because the Applicant had filed it one day late.
A judgment on receivability is not an executable judgment. It is not a judgment on the merits of the case where all issues have been adjudicated upon. An executable judgment is one in which the court determines on the substantive issues of the case having heard and deliberated on the evidence and arguments submitted by the parties. In so doing, it ends the dispute before the court which heard it. A judgment on receivability is based on a procedural issue. In the present case, the procedural issue had to do with the timeliness of the application and scope of the court’s jurisdiction where the...