51ÁÔÆæ

The applicant (but not his counsel) received a copy of the letter on 1 December 2008 and therefore had until 2 March 2009 to file his application. However, his application was dated 30 June 2009, or 120 days past the deadline, and it was received by the former Administrative Tribunal only on 6 July 2009. The respondent submitted as a preliminary matter that the application was time-barred. The applicant contended that his counsel had not been notified of the decision by the Administration and therefore counsel was unable to file a timeous appeal. UNDT found that the applicant was informed of...

The Tribunal is not seized of an intelligible application. The applicant has failed to identify the impugned administrative decision or decisions for which he is seeking relief. He has also failed to identify any steps taken by him to seek administrative review of the impugned administrative decisions. The Tribunal therefore has no jurisdiction pursuant to Article 2 (1) (a) and Article 8(1) of the Statute of the UNDT or the equivalent provisions of the Statute of the former UN Administrative Tribunal to consider the application. Second, the applicant has failed 51ÁÔÆæ two orders of the...

The time for requesting a management evaluation in this case is specified in Staff Rule 111.2(c). This rule provides that a request for management evaluation should not be receivable by the Secretary-General unless it was sent within 60 days of notification of the contested administrative decision. The Secretary-General is able to extend this time limit pending efforts for informal resolution by the office of the Ombudsman. In this case there is no evidence that the parties submitted the matter to the office of the Ombudsman for mediation within the deadlines for filing a management evaluation...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member¡¯s career. Under the principle that...

The UNDT Statute, which is superior in the hierarchy of norms to the Staff Rules, states that an applicant should file an application within 90 days following the expiry of the 45-day period for the management evaluation if the Administration has not replied to his/her request. If the Administration replies after the 45-day period but before the expiry of the 90-day period, a new 90-day period to contest a decision before the Tribunal starts to run. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the...

The Tribunal found that it does not have jurisdiction ratione personae as Defence Counsel at the ICTR who have a particular status, which is defined by the internal rules of the ICTR and the Agreement between the United Nations and the United Republic of Tanzania concerning the Headquarters of the International Tribunal for Rwanda dated 24 September 1996.

It was not disputed that the Applicant borrowed money from a Sales Manager working in a company doing business with MONUC. In the light of the applicable law and in particular the financial and procurement rules, the Tribunal found that misconduct had been properly established. Nonetheless, the Tribunal found a certain number of mitigating factors such as the fact that he repaid the loan in full and that it was a ¡°one-off decision¡±. Therefore, the Tribunal took the view that the sanction was not proportionate.

In UNDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant¡¯s submissions, the Tribunal finds that they do not satisfy the requirement of ¡°exceptional¡± in Article 8.3 of the Statute of the Dispute Tribunal. The applicant did not abide by the time limits for filing his application with the JAB and subsequently, in his appeal against the JAB¡¯s findings, he also failed to abide by the time limits for filing his application...

UNDT found the application receivable and determined that the post number provided by the ICSC for reclassification purposes was that of a Compensation Officer with functions distinct from those performed by the applicant. Therefore, in the absence of a properly budgeted post, the request of the ICSC was a request for classification advice prior to a budgetary submission, which required General-Assembly approval. The reclassification proposal was not included in the budgetary submission to the General Assembly, and, accordingly, the General Assembly did not approve the proposed...

In UNDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant¡¯s submissions, the Tribunal finds that they do not satisfy the requirement of ¡°exceptional¡± in Article 8.3 of the Statute of the Dispute Tribunal. The applicant¡¯s physical presence was not required in the U.S. for her to file her Application.