51ÁÔÆæ

UNDT noted that it had not received any application or correspondence from the Applicant after the outcome of his management evaluation request was received. UNDT closed the case for lack of prosecution.

Time limits for requesting administrative review: Due to the pronouncement of the Appeals Tribunal in Costa, the Dispute Tribunal is unable to suspend or waive deadlines with respect to administrative review or management evaluation, irrespective of the circumstances of each case. Unless an appropriate case is put before the Appeals Tribunal and it decides to limit the seemingly absolute application of the pronouncements of Costa as it currently stands, this Tribunal is bound to follow them, even where sick leave or other intervening events would render filing impossible for an applicant...

He filed his request for administrative review on 2 December 2008 and his application before the Tribunal on 13 January 2010. The Tribunal found that the Applicant was first informed of the contested decision, in writing, on 5 February 2008, and that he also received written reiterations of the same decision in March and April 2008. The Tribunal found that the Applicant failed to request administrative review of the decision not to renew his contract within the applicable time limit and that the Tribunal was proscribed, under Costa 2010-UNAT-036, from waiving it. The Tribunal found that, even...

The application was withdrawn by the Applicant in light of the amicable resolution of the matter.

The Respondent submitted, inter alia, that the present application was time-barred as it was not filed within 90 days from the date of receipt by the Applicant of the management evaluation. The Applicant submitted that the filing of the present application was delayed due to exceptional circumstances, namely his attempts to resolve the matter informally, including with the assistance of OSLA. The Tribunal found that the application was filed more than four months after the expiration of the relevant time period. The Tribunal further found that the Applicant¡¯s informal discussions with the...

UNDT held that, in light of Order No. 62 (NY/2010) and the subsequent lack of prosecution of the proceedings, there was no matter for adjudication before the Tribunal. UNDT closed the case without a determination of its merits.

The application was withdrawn by the Applicant.

Nature of misconduct charges: Although technically not criminal charges, a misconduct charge may carry overtones of criminal proceedings, where rights attendant to a fair trial attach. Equality of arms: equality of arms may be seen to be an indivisible element of a fair trial, requiring that a fair balance exist between parties involved in litigation. The principle warrants the assurance that each party to a dispute be able to prepare and present his or her case fully and adequately before the court.Outcome: The Tribunal found that the conditions of access proposed by the Respondent would...

The application was withdrawn by the Applicant.

Review of the motivations behind the contested decision: Circumstances intervening after the contested decision was taken may not be considered as showing the motives put forward by the Administration to be false. Even if it was proved that an evaluation of the Applicant¡¯s performance was conducted after his separation, this is not pertinent in examining the decision not to renew his contract, inasmuch as the motive provided therefor was not unsatisfactory performance. Scope of review by the Tribunal: It is not for the Tribunal to determine, when the Administration decides to close one of its...