51ÁÔÆæ

Even though the contested decision resulted in a reduction of the Applicant¡¯s responsibilities, by removing from her all authority over this section which she previously managed, the challenged decision is in itself a simple decision of organization of a service, which is not open to appeal before the Tribunal. Indeed, it results from the Staff Rules and from the Tribunal¡¯s Statute that a staff member may only contest before the Tribunal an administrative decision which affects his or her rights as provided for in his or her letter of appointment and administrative issuances applicable to...

The case was not time-barred. As in Mezoui: (1) the Applicant had requested from the former United Nations Administrative Tribunal an extension of time to file her application; and (2) such extension was granted with a time limit of 30 June 2009 (the last day of the functioning of the Administrative Tribunal). The following additional factors were also taken into account: the Applicant¡¯s personal circumstances; the significant delays of the JAB proceedings compared to the relatively short delay on the part of the Applicant; and the Applicant¡¯s difficulties in finding out where to file the...

A respondent who neglects to take part in the proceedings by not filing a reply within 30 days of receipt of the application may be readmitted by leave of the Tribunal only. The respondent in such a case is solely and effectively excluded by his own negligence to file a reply in time. He is not excluded by the Tribunal but by the operation of law. By his preposterous claim that the Registrar and the Judge owed him a duty to remind him of his obligations to his client, the Respondent¡¯s Counsel, sought, in the Tribunal¡¯s view, to provide an excuse for his own incompetence and lack of diligence...

Summary Judgment The Tribunal noted that Summary Judgment can only be entered in a case where the material facts are not in dispute and a party to case is entitled to judgment as a matter of law. Further that for a party to seek Summary Judgment, it has to be on the merits of the case and such a party should have pleaded facts in relation to the case. The Respondent had not pleaded any material facts and had also not joined issues with the Applicant on the merits of the case. Receivability In determining the receivability of the Application, the Tribunal addressed the Applicant¡¯s access to...

The Tribunal finds that the application is not receivable because the contested decision is not a disciplinary measure within the meaning of staff rule 11.2(b) and accordingly the time limits applicable under art. 8.1(d)(i) of the Tribunal¡¯s Statute should have been complied with. It clearly follows from staff rule 11.2(b) that the exemption from the requirement to request the management evaluation of a disciplinary measure only applies to disciplinary measures imposed following the completion of a disciplinary process.

The Tribunal observes that the Applicant¡¯s claims concerning the decision to take into consideration events post-dating 31 March 2010 and the decision not to allow him to rebut his performance appraisal became moot and it considers that he failed to show that he was still suffering any injury because of these reversed decisions. It further notes that the rebuttal process is still pending and it therefore rejects as premature the Applicant¡¯s claims concerning the decision to apply ST/AI/2002/3 and the decision to carry out a single appraisal. It also rejects his claims of bad faith, abuse of...

OSLA is an integral part of the Secretariat of the United Nations and that its decisions are taken under the umbrella of the Secretary-General. OSLA¡¯s decisions may be challenged to the extent that they are strictly administrative decisions and are not related to the giving of advice to litigants or the conduct of cases before the UNDT. It must be noted however that the scope and jurisdiction of the Tribunal is not limited to the author of the decision but most importantly to its nature. In order to establish that the administrative decision impacts on the contract of employment or terms of...

Execution of UNAdT judgments: The UNAdT had, and by virtue of the transfer of cases to it, the UNDT has, power to order execution of judgments of the former UNAdT just as it has power to deal with applications for execution under its own Statute and Rules. Time limit for applying for execution of judgment: no time limit is set out in the rules and no party should be without a remedy where execution of judgments is in issue. In this case the Applicant had done all he could to bring the matter to early resolution, it was not his fault that his earlier requests had been ignored. Damages for non...

From the pleadings of the Applicant, it is clear that at the time of the contested decision he was a staff member of UNRWA. This entity does not fall under the jurisdiction of the UNDT. At the time the cause of action arose, the Applicant would probably have been entitled to pursue any claim he might have had against UNRWA before the former UN Administrative Tribunal. Since the cause of action arose in UNRWA, the element of ratione materiae of the UNDT is not satisfied because the Applicant should have filed his application against the Commissioner General as the Chief Executive Officer of...

The Tribunal found the application irreceivable on the basis that: (1) the decision of 28 April 2011 was not an appealable administrative decision; (2) the Tribunal was not competent to examine the legality of the subsequent decision on the Applicant¡¯s eligibility for consideration for conversion because she did not request management evaluation of this decision; and (3) even assuming that the decision of 28 April 2011 was an administrative decision subject to appeal, it was merely a confirmative decision and the Applicant did not contest it within the mandatory time limits as the initial...