51ÁÔÆæ

The Tribunal held that the Applicant had not raised a prima facie case as to warrant a suspension of action.

Management evaluation: Claims against decisions that have not been the subject of a request for management evaluation are not receivable before the Tribunal. An applicant may not seek any rulings or relief in relation to these decisions. The events surrounding them may be part of the factual matrix of the application but they are peripheral at best. Project document: There is no mandatory requirement in the rules or any Administrative Instructions for a project document to be finalised prior to the responsible staff member taking up the project post. Authority for lateral transfers under ST/AI...

Receivability: Since the Applicant was a staff member of UNOG when the contested decision was taken, it indeed affected his terms of appointment. The Tribunal is thus competent to examine the case in accordance with article 2.1 of its Statute. Selection procedure: UNHCR based its decision on the advice of UNDSS which did not grant clearance to the Applicant¡¯s candidacy. However, UNHCR was not compelled to follow the advice of UNDSS concerning the candidacy of the Applicant because this practice is not codified in any legal text of regulatory character. Hence, the contested decision is illegal...

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.

Receivability of moot claims: Even before the Applicant submitted his application to the Tribunal, the Administration had extended the Applicant¡¯s contract beyond 30 April 2010 and it had informed him that his contract would be extended until the completion of his rebuttal. Accordingly, the application insofar as it concerns the decision to renew the Applicant¡¯s contract until 30 April 2010 was moot as at the date on which it was submitted to the Tribunal and it is therefore not receivable. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad...

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 Administration did not have a legal obligation towards the Applicant to take action at any stage in relation to the fraud. No legally relevant relationship between OCHA and the Applicant existed; the fact that the Applicant¡¯s aunt submitted her applications to a UN staff member did not create such a relationship. No Organization is bound to respond to uninvited applications for jobs that the Organization had not previously announced. Neither OCHA nor any other Organization can be made liable for criminal abuse of its name and reputation.The Applicant, who resigned from her post in UNFPA...

The Tribunal rejected the application as time-barred because the Applicant had failed to request management evaluation of the contested decision within the established time limit. Authority of the Tribunal to waive the deadlines for management evaluation: The Appeals Tribunal held in several judgments that pursuant to article 8.3 of its Statute, the Dispute Tribunal has no authority to waive the deadline for management evaluation, including where exceptional circumstances may have prevented the staff member from complying with the deadline. Authority of the Secretary-General to waive the...

When the Administration takes a decision which confirms an initial decision, the time limit to contest the decision starts to run from the date of the initial decision. In the case at hand, while the Applicant was notified of the contested decision on 2 November 2009, he only requested management evaluation of this decision on 31 March 2010. He thus failed 51ÁÔÆæ the established time limit to request management evaluation. When a staff member wishes to contest a decision which, in his view, is unlawful because of the incompetence of the body which took the decision, he/she should...