51ÁÔÆæ

On the score of prima facie unlawfulness, the Tribunal concluded that the Respondent¡¯s decision not to renew the Applicant¡¯s appointment was prima facie unlawful having been motivated by erroneous factors. The Tribunal thus held that the Applicant had met his burden of proof by establishing that he had an arguable case of unlawfulness. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant¡¯s contract was to expire on 9 November 2012. On irreparable damage, the Tribunal concluded that the Applicant was approaching the retirement age. The...

The Applicant had been assured of her eligibility, short-listed, interviewed, recommended for the position, and copied on subsequent communications, following which the Administration decided that she was not eligible. The UNDT found that the decision to disregard part of the Applicant¡¯s work experience because it was obtained prior to her Master¡¯s degree was unlawful. The UNDT also found that the decision to disregard, in its entirety, the Applicant¡¯s experience between February 2004 and April 2006 because it was deemed by OHRM to be equivalent to the G-5 or G-6 level, was unlawful...

The UNDT stated several hurdles to the receivability of the present application, including with respect to receivability ratione personae, ratione temporis, and ratione materiae, although the UNDT also found that on the papers filed some of these issues would ordinarily warrant further examination had the application not been manifestly inadmissible. The UNDT found that the application was manifestly inadmissible because the Applicant failed 51ÁÔÆæ the statutory requirement of submitting a request for management evaluation of the contested decision prior to filing an application with...

On the score of prima facie unlawfulness, the Tribunal held that the Respondent had failed to provide reasons why the decision not to renew the Applicant¡¯s appointment was lawful. The Tribunal therefore, concluded that based on the available evidence, the contested decision was motivated by countervailing circumstances and was thus prima facie unlawful. With regard to urgency, the Tribunal found that the Applicant had acted prudently by filing her application in a timely manner. Consequently, the Tribunal held that in the circumstances, the requirement for urgency had been satisfied by the...

Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine the issue of receivability. Receivability ratione materiae: By virtue of article 2.1(a) of the Tribunal¡¯s Statute only administrative decisions, allegedly in non-compliance with the terms of appointment or the contract of employment, are appealable. In the instant case, the rejection by the Administration of the Applicant¡¯s request to benefit from an enhanced separation package, despite the fact that he had not opted for it in due time, constituted an...

The application is not receivable as it was not submitted to the Management Evaluation Unit (¡°MEU¡±) within the sixty calendar days time limit in staff rule 11.2(c). The Tribunal notes that the Applicant¡¯s request for management evaluation was limited to requesting the payment of certain benefits as a result of the non-renewal of her contract and did not, as per the submission to the UNDT, contest the actual non-renewal of her contract.The Applicant did not contest the findings of the OAI report before the MEU prior to submitting them to the UNDT. These claims are therefore not properly before...

Due to the fact that the Applicant had not been rostered following the completion of the initial post selection, he was not eligible for consideration to be selected upon the transfer of the first selected candidate under art 10.4 of ST/AI/2006/3. The selection of a candidate ¡°from the list endorsed by the central review body with respect to the particular vacancy¡± is a new separate administrative decision and therefore none of the Applicant¡¯s rights were breached by this new selection. Consequently, the Applicant lacks standing to contest the second separate and individual administrative...

Non-promotion: As regards promotions and considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed in sink with the procedural and legal framework of the 2009 UNHCR annual promotions session, its methodology and to examine whether an irregularity vitiated a significant chance for promotion. The Applicant was not promoted due to a shifting of his candidature from one group to another, based on criteria which were not stipulated in the rules and at a stage in the course of the process of examination, which was in breach...

The Respondent contends that the application is not receivable because the Applicant did not exhaust the administrative process of seeking reconsideration of her claim pursuant to art. 17 of Appendix D to the Staff Rules. The Tribunal found that the application was receivable as the Respondent¡¯s contention is not supported by a proper interpretation of art. 17.

Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine on its own motion the issue of receivability even if the parties did not raise it.