51ÁÔÆæ

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending...

Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the UN justice system remain within a reasonable frame. As for exceptions, ¡°exceptional cases¡± arise from exceptional personal circumstances. Relevant factors for an Applicant¡¯s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the...

Exceptional circumstances: Circumstances beyond the control of the applicant that prevented him/her from submitting an appeal in time.

Receivability: A decision which does not merely confirm a previous decision, but shows that in the meantime, efforts have been made by the Administration to find an alternative arrangement and sets a new deadline, may be considered as a new decision, which has the effect of setting a new time limit for requesting administrative review. In accordance with article 8.4 of the UNDT Statute, the three-year time limit cannot be extended, even in exceptional cases within the meaning of article 8.3 of the Statute. The Dispute Tribunal is not competent to hear the case under article 2.7 (transitional...

The Tribunal found that the evidence adduced by the respondent did not sufficiently support the charge that the applicant had not paid for three tickets issued to him by MCM and that, accordingly, the applicant should be given the benefit of the doubt in respect of this charge. About the applicant¡¯s unauthorized absences from the mission area, the Tribunal held that, taking into account the specific circumstances of the case, a dismissal was disproportionate to the offence and that a written censure would be an appropriate measure. The Tribunal found that the applicant¡¯s due process rights had...

UNDT held that the application was irreceivable because the Applicant failed to submit his request for management evaluation in due time. UNDT rejected the application for suspension of action.

UNDT noted that the Applicant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNDT held that the application was irreceivable as time-barred. UNDT rejected the application.

UNDT nted that the Applicants¡¯ requests for management evaluation were submitted after the applicable deadline had already expired. UNDT noted that, while the Applicants were active and diligent in bringing their concerns and grievances to higher authorities, these actions did not constitute sending a request for management evaluation. UNDT held that the application for suspension of action was irreceivable as time-barred. UNDT rejected the application for suspension of action.

The Tribunal found that the Applicant¡¯s appointment of limited duration carried no expectancy of renewal and that there were no countervailing circumstances which could have created such expectancy. It also found that the reason for non-renewal, namely the negative impact that allegations then made against the Applicant in the local media could have on the Organization, was supported by the facts and that the non-renewal decision therefore constituted a proper exercise of the Secretary-General¡¯s discretion. Scope of discretion of the Secretary-General in non-renewal cases: It is within the...

The application was withdrawn by the Applicant.