51ÁÔÆæ

Considering that the Respondent¡¯s allegation that the Applicant¡¯s contract was not renewed for unsatisfactory performance during the period 2009-2010, the Tribunal noted that the rating ¡°Partially meets performance expectations¡± had been considered by the Rebuttal Panel as unfair and changed to ¡°Fully meets performance expectations¡±. In the light of this finding the Tribunal took the view that the decision not to renew the Applicant¡¯s contract on the ground of unsatisfactory performance for the year 20092010 was prima facie unlawful.

Prima facie unlawfulness Having reviewed the Applicant¡¯s performance evaluations, the Tribunal had doubts as to whether the Applicant¡¯s direct supervisors were indeed consulted before the lieutenants finalized and gave to the Applicant the performance evaluation forms on 9 June 2011. Absent an explanation from the Respondent on this particular point, these doubts had a direct impact on the lawfulness of the contested decision. If indeed the Administration did not follow its accepted and reasonable practice, the decision not to extend the Applicant¡¯s appointment due to his poor performance...

The Applicant claimed that: the decision was discriminatory and the decision-maker sought retribution for, inter alia, the Applicant¡¯s failure to choose the decision-maker¡¯s favoured candidate in a selection process; the matter was urgent due to the impending expiration of the Applicant¡¯s contract; and the decision would cause irreparable harm because the Applicant would lose his job and current livelihood. The Respondent contended that the application should be rejected outright because the Applicant did not pursue his claim with due diligence. The Respondent further argued that the Applicant...

The Tribunal rejected the application on the ground that the Applicant is not a UN staff member and therefore does not have access to the Tribunal. Status of STL staff members: While article 12 of the STL Statute explicitly provides that the ¡°Registrar shall be a staff member of the United Nations¡±, there is no such reference for other high-ranking officials such as the Judges or the Prosecutor, nor for any other ¡°Lebanese and international staff¡± of the STL. From the wording of both the Statute and the Agreement between the United Nations and the Lebanese Republic on the establishment of the...

The Tribunal therefore found that the Applicant failed to satisfy the overall test for a suspension of action with respect to that decision. With respect to the decision to require her to take a break in service prior to her placement on a temporary appointment, the Tribunal found that the three requirements of art. 2.2 of the Tribunal¡¯s Statute were satisfied. The Tribunal found that, for staff on fixed-term appointments who are being reappointed under temporary appointments following the expiration of their fixed-term appointments, there is no requirement, in law, to take a break in service...

The impugned decision was suspended until when the matter would be heard and determined on the merits.

Receivability: The Applicant¡¯s request for administrative review was made outside the mandatory time limit. In accordance with article 8.3 of the Dispute Tribunal¡¯s Statute, the Tribunal may not suspend or waive the deadlines in the Staff Rules concerning requests for administrative review or management evaluation. There is no basis in the former Staff Rules for finding that time to request an administrative review should only be calculated from the end of the involvement of the Ombudsperson. The terms of reference of the Joint Ombudsperson are inconsistent with the Staff Rules. The...

Receivability: The letter of November 2007 was sent before the contested decisions had been made. The Applicant thus cannot be appealing against those decisions. The letter of 4 March 2008 was sent by the Applicant within the required two-month period but it was not addressed to the Secretary-General. If this letter were properly filed with the Assistant Administrator of UNDP, in accordance with the practice of UNDP to conduct its own administrative review, it remains that this letter could not trigger an administrative review as the Applicant did not state in clear terms that she was...

The application was dismissed in its entirety upon the resolution of the dispute by an agreement reached through mediation.

The Tribunal held that the Applicant had not raised a prima facie case as to warrant a suspension of action.