51ÁÔÆæ

Two types of interim measures - with different functions, preconditions, restrictions and scope - have to be clearly distinguished. Art. 13 RoP has to be applied exclusively during the pendency of the management evaluation, whereas art. 14 RoP is appropriate only during judicial review in terms of art. 2 and 8 Statute; in short: it is either 13 or 14 ¨C never both. Orders based on art. 13 RoP become ineffective with the end of management evaluation. The present application had to be considered under art. 13 RoP since the contested decision of 12 October 2009 was released under new conditions...

Respondent¡¯s Counsel filed a motion seeking an extension of the time limit to file the Respondent¡¯s reply on several grounds, including exigencies of service. The Respondent was enjoined to submit a proper application requesting that he should be allowed to take part in the proceedings. The determination of whether he was going to be authorized to file a reply was going to be taken in the light of the Respondent¡¯s motion.

The Applicant did not actively or diligently pursue his case because: he failed to give instructions to his Counsel in respect to his challenge against the non-renewal of his fixed-term appointment; he had been informed about the Status Conference by his Counsel and had failed to make an appearance or to contact the Tribunal to give reasons for his absence; his Counsel had advised that as far as she was concerned, the substantive matter in the application had been resolved; and from the documents tendered by the Respondent, the Tribunal was convinced that the substantive matter in the...

The application was not receivable under article 13 of the UNDT Rules of Procedure because at the time the application was filed, there was no management evaluation pending. It was only on 21 October 2009 that the Tribunal received a copy of the request for management evaluation of the decision of 5 October 2009. The application was not receivable under article 14 of the UNDT Rules of Procedure because the administrative decision dated 5 October 2009 to fill the post related to an appointment and could not be the subject of interim relief in view of the exception contained in article 14...

The first management evaluation decision dealt with the issue of the promise made to the Applicant and granted him compensation of three months salary in lieu of further performance of his contract of employment. That decision itself as mentioned earlier does not prevent the Applicant from filing an appeal in respect of the same subject matter that is the non renewal of his contract. Whereas Management has considered the express promise to the Applicant and decided that monetary compensation was sufficient remedy, the Tribunal recalls that it found the ¡°circumstances surrounding the non...

The Applicant¡¯s counsel registered his concerns about a potential conflict of interest, given that the Registrar of this Tribunal was involved, at least in part, in the decision making processes which form the substance of the present application. Counsel for the Applicant stated that he simply wished for his concerns to be recorded, but that he was not seeking a ruling on the issue. The Applicant¡¯s concerns with regard to the potential conflict of interest on the part of the Registrar were noted. Notwithstanding the Applicant¡¯s position that he was not seeking a ruling on the issue, the...

Where evidence is capable of establishing a likelihood of a connection between potentially extraneous considerations and a failure to obtain a renewal of a contract, summary dismissal is unlikely to be warranted. Where one party raises sufficient material suggesting a particular fact or facts and the other party has the sole means of refuting that inference, then an evidentiary burden to call that evidence will ordinarily arise so that a failure to do so will make it relatively easy for the other party to treat the fact as proven. Outcome: The motion for summary judgment was dismissed, without...

The Applicant addressed a letter dated 29 May 2009 to the Secretary-General requesting him to ¡°reverse that decision¡± but no mention was made of the non-renewal of the Applicant¡¯s contract because it was only on 30 June 2009 that the Applicant was informed that his contract would not be renewed beyond 30 September 2009. The Applicant sought to establish that he had in fact requested a review of the decision and referred to an email he had sent to the Registrar of the ICTR in which he informed him that he was contesting the decision not to renew his contract. That email was dated 27 April 2009...

The time for requesting an administrative review runs from the date the administrative decision was received by the staff member. The respondent¡¯s refusal to fulfill the three requests of the applicant resulted in three administrative decisions. Even though these decisions were connected to the letter of reprimand they did not reiterate matters contained in the letter of reprimand and they were motivated by events subsequent to that letter.Outcome: The applicant¡¯s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.

This judgment is confined to whether the applicant should have access to the report. The applicant was ordered be given access to the panel¡¯s report, subject to an undertaking of confidentiality.