51ÁÔÆæ

The application was withdrawn by the Applicant.

It is not the function of the Tribunal to review the prior JAB report, but to consider whether the respondent acted properly and with due regard to the applicant¡¯s due process rights in deciding to appoint the applicant at the G-3 level. It is incumbent upon any party making serious allegations to produce supporting evidence. It was for the applicant, as a freely contracting person, to decide whether or not to accept the appointment and she did so on the basis of the clear oral and written conditions governing her appointment.Outcome: Application dismissed in its entirety.

Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with General Assembly resolution 63/253 which intentionally limited the Tribunal¡¯s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member. The applicant¡¯s references to provisions of the Charter of the United Nations are without merit in this respect.

Whenever the administration decides a non-renewal of appointment on the grounds of poor performance, the Tribunal has to verify if the administration has complied with the relevant procedure. The application of ST/AI/2002/3 is not binding regarding staff members appointed for a period of less than one year. Having said that, once a supervisor decides to apply it, the said administrative must be fully complied with.According to ST/AI/2002/3, when the holder of a fixed-term appointment receives the lowest performance rating, the administration has the right not to renew his/her contract. When...

UNDT found that the requirement of progressively responsible experience in the vacancy announcement was in line with the generic job profile and was not prejudicial to the applicant. The applicant¡¯s arguments were in any case without merit as all the candidates interviewed by the selection panel had at least ten years of experience. UNDT found that, although the Organisation failed to properly carry out and document its consideration for the designation of the successful candidate to perform significant functions in financial management, this did not result in a violation of the applicant¡¯s...

The only issue for consideration by the Tribunal is the adequacy of compensation granted by the Secretary-General to the applicant. The applicant alleged that if the selection process had been lawful, he would have been selected to the post and that the compensation granted did not take into account the decrease in his pension benefits. In order to obtain compensation, it is not enough for an applicant to determine that a procedural irregularity was committed; he should also establish that this irregularity caused him a direct prejudice. Therefore, the applicant should demonstrate that he had...

The Administration¡¯s decision not to renew the Applicant¡¯s fixed-term appointment beyond September 30 2009 was not informed by improper motive, arbitrariness or other extraneous factors. The Applicant, in merely settling into his reassignment to clerical duties in JRAU, not only deluded himself as to the security of his employment with the ICTR but was utterly unreasonable and careless regarding his own career prospects and must bear the blame for the fall-outs of his reassignment. The ICTR Administration made sufficient effort in the spirit of the Performance Appraisal System to improve the...

The case cannot proceed without the active involvement of the applicant as the dominus litis. Accordingly, in the interests of ensuring that only current proceedings are maintained before the Tribunal, the application stands to be dismissed.

Having received no application by the deadline imposed, the undersigned Judge finds that this case is hereby closed.

In its Judgment 2010-UNAT-029, El-Khatib, the Appeals Tribunal upheld the jurisprudence of the former UN Administrative Tribunal whereby only circumstances beyond the applicant¡¯s control that prevented him from timely pursuit of his appeal can be regarded as exceptional. The fact that the applicant believed at first that the contested decision was lawful is not an exceptional circumstance, the more so as he had the possibility to obtain information on the applicable rules from the Administration. In El-Khatib, the Appeals Tribunal further recalled that ¡°candidates for a public post are...