When the Tribunal is requested to exercise its jurisdiction under articles 2.1(c) and 8.2 of its Statute, the Tribunal’s competence is limited to verifying whether the agreement reached through mediation has been implemented.Outcome:
Administrative decision: The essential element of an appeal is that there is a contested and appealable “administrative decision”. “Conduct” is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal’s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant’s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to...
On the score of prima facie unlawfulness, having considered the facts of the case, the Tribunal held that everything pointed to a suspect reason for the non-renewal of the Applicant’s contract. The Respondent did not give a clear reason for non-renewal, even after the Applicant specifically requested for it. The Tribunal, thus concluded that the decision not to renew the Applicant’s contract was prima facie unlawful. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant’s contract was to expire on 29 February 2012. The Applicant had...
Outcome: The application was rejected. The UNDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The UNDT therefore found that the decision not to renew the Applicant’s temporary appointment was not unlawful.
Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General’s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...
Roster candidates: The fact that a candidate is rostered does not prevent the hiring manager from conducting a selection process and it does not give the roster candidate any kind of priority. Assessment methods: Hiring managers have large latitude in choosing the methods used to assess candidates, taking into account the technical requirements of the post. In particular, resorting to subject matter experts to evaluate work samples of the candidates is in accordance with the rules of the staff selection system. Scope of judicial review: It is not for the Tribunal to substitute its own...
In the absence of a decision to abolish the post, there can be no suspension of such decision. The Tribunal finds the Applicant has failed to articulate that the implementation of the contested decision would cause him any harm that could not be compensated by an appropriate award of damages in the event of his success in the substantive case. The application for suspension of action would therefore fail on this ground alone. There was not a single averment regarding the prima facie unlawfulness of the alleged decision to abolish the post other than generalisations made regarding an attempted...
The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant’s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...
The Tribunal found that the Executive Secretary of ECA, who made the decision to fill the post from the roster, was not acting unlawfully in so doing, since ST/AI/2010/3 (Staff selection system) permitted this.
In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by UNHCR on allegations of corruption in refugee processing in the Nairobi office of UNHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...
