51ÁÔÆæ

In making the final decision on the Applicants¡¯ complaint, the then Director General, UNOG, as the responsible official for their case, was bound by sec. 5.18 of ST/SGB/2008/5. Since the investigation report concluded that no prohibited conduct was established, the consequent decision to close the matter without any further action was nothing more than regular compliance with sec. 5.18(a) of ST/SGB/2008/5. In assessing the legality of the decision to take no further action, the Tribunal must examine whether the Administration breached its obligations pertaining to the review of the complaint...

The selection process is still ongoing. It has therefore not yet yielded a final reviewable administrative decision having an impact on the legal order. The application is therefore not receivable ratione materiae.

The Tribunal rejected the application as not receivable on two grounds: 1) Ratione personae because at the date of the filing of the present application the Applicant was not a staff member and the contested decision has no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment, and 2) Because it is premature since at the time of the filing of the application, the relevant response period for the management evaluation was still running.

The members of the IJC were informed that the Applicant¡¯s cases had been transferred to the UNDT from the Joint Appeals Board and that they may have had an interest to join in as parties in the case, pursuant to Article 11 of the Rules of Procedure. The information communicated to the members of the IJC could not be construed as amounting to any impropriety, less still a conflict of interest, within the meaning of Article 27 of the Rules of Procedure. The application was rejected because it was merely a repetition of the application dismissed by Judgment No. UNDT/2009/005.