51ÁÔÆæ

Administration¡¯s withdrawal of unlawful individual administrative decisions which created rights: Staff rule 11.2 not only permits but actually requires the Administration to revoke an administrative decision that it considers unlawful. However, the power to revoke decisions conferring rights should necessarily be exercised within the relevant time frame to respond to a request for management evaluation. Irreparable damage: Where the injury alleged is only hypothetical, it may not be regarded as ¡°irreparable¡± within the meaning of article 2.2 of the Statute in the context of an application for...

The Tribunal held that the Administration did not have sufficient evidence of Mr. Koutang¡¯s level of engagement in outside activities to justify a finding that he had engaged in an outside occupation or employment. Thus, there were no reasonable grounds to sustain a finding of conflict of interest. While Mr. Koutang had installed a private router in his office there was no breach of security and no willful misconduct. Mr. Koutang had no ulterior motive or malicious intent in installing the router. It was at most an error of judgment with no proven adverse effects on the Country Office. The...

Management evaluation: The Applicant requested management evaluation of each of the administrative decisions that he challenged before the Tribunal. Mediation: the Tribunal found that mediation was sought by the Respondent regarding the proposed disciplinary measure of demotion but the discussion between the Applicant and the ombudsman, went beyond the scope of the demotion. Mediation was sought within the deadline for filing the Application. The time for filling an Application starts from the date when mediation breaks down therefore the application was filed within the applicable time limits...

Management evaluation: The Tribunal can only suspend an administrative decision that is subject to an ongoing management evaluation.Cancellation of vacancy announcements are administrative decisions that have been implemented and therefore can not be subject of a suspension of action application. The Applicant had not sought management evaluation of the ongoing selection process as such the Tribunal found that it could not be subject to a suspension of action application.

Delegation of authority: Any withdrawal or limitation of the delegation of authority must be explicit. In the absence of a clear and formal revocation of the delegation by the delegating authority, the decision taken by the delegating authority is tainted by a substantial procedural flaw¡ªthat of the lack of competence of the decision-maker.Legal certainty and application of administrative issuances: ST/SGB/2009/10 does not provide for transitional measures in situations, such as the instant case, where an eligible staff member is assigned to a different department or office between the time...

Receivability ratione materiae of application for suspension of action pending management evaluation: In order for the Tribunal to act upon an application for suspension of action submitted pursuant to article 2.2 of its Statute, an ¡°administrative decision¡± must be at issue. According to the Tribunal¡¯s case law, a challengeable administrative decision is a decision taken by the Administration which carries direct legal consequences in respect of the applicant¡¯s rights under the terms of his or her appointment or contract of employment.

Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal¡¯s Statute read in conjunction with staff rule 11.2(c) that a request for suspension of action during the pendency of the management evaluation may only be receivable if the request for management evaluation has been submitted in due time.

Receivability ratione materiae of application for suspension of action pending management evaluation: In order for the Tribunal to act upon an application for suspension of action submitted pursuant to article 2.2 of its Statute, an ¡°administrative decision¡± must be at issue. According to the Tribunal¡¯s case law, a challengeable administrative decision is a decision taken by the Administration which carries direct legal consequences in respect of the applicant¡¯s rights under the terms of his or her appointment or contract of employment.

Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal¡¯s Statute that the Tribunal is not in a position to rule on an application for suspension of action, pending management evaluation, on a decision, if copies of the decision in question or the request for management evaluation have not been submitted. Compliance with orders: A party to a proceeding has a duty 51ÁÔÆæ an order of the Tribunal and particularly an interlocutory case management order pursuant to Article 19. To persist in disobeying such orders...

Appealable administrative decision: Both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on the Tribunal¡¯s website are matters of internal organization which do not constitute acts adversely affecting staff members¡¯ rights.