51ÁÔÆæ

Based on these very general principles, and in the lack of any further instruction or guidance¡ªat least, as relevant to the present case¡ªthe Tribunal sets out the following basic minimum standards that must apply when administering a written test: a)Generally, while the Administration enjoys a broad discretion on how to administer a written test, it must nevertheless do so in a reasonable, just and transparent manner otherwise, a job candidacy would not receive full and fair consideration. b)As also stated in the Manual, any assessment must be undertaken on the basis of a ¡°prescribed...

The Tribunal dismissed the application as irreceivable. The Applicant had requested the Tribunal to order a rescission of the decision to permanently withdraw his MINUSCA¡¯s driver¡¯s permit. The Tribunal noted that this request had been satisfied by the Administration. The relief having been fully granted, there was no longer a justiciable matter before the Tribunal, thus rendering the application moot.

The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, there was no decision imposing disciplinary or administrative measures. The Applicant did not request management evaluation of any administrative decision related to the conduct of the investigation. The failure to seek management evaluation before...

The Applicant did not seek management evaluation until several years after he was excluded from the lists of staff eligible for the conversion of their appointment. There is no doubt, therefore, that the Applicant did not challenge the implied decision in a timely manner.

Since the selection process did not yield a selection list, the Tribunal found that there was no administrative decision for the Applicant to contest. In the circumstances, the application was dismissed in its entirety as it was not receivable ratione materiae.

The fact that the Applicant was a staff member of UNOPS when he applied for these contractor positions is not relevant to appreciate the receivability of the Applicant¡¯s claims since, in the four instant cases, he contests four decisions not to select him on non-staff positions.

The application is not receivable ratione temporis as it was filed after the statutory time limit under art. 8.1 of its Statute expired.

An inordinate delay in the rebuttal process of an appraisal may be a receivable ground for contesting an administrative decision, but is not an administrative decision, unless the Applicant demonstrates that it had, by itself, a direct and negative impact on a staff member¡¯s conditions of service. Thus, the Applicant needed to show that the delay in conducting the rebuttal process on her rating ¡°partially meets performance expectations¡±, by itself, had a direct and negative impact on her conditions of service. In this regard, the Applicant claimed that this delay negatively affected her...

Regarding the Applicant¡¯s challenge to the decision not to return her to the post she previously encumbered, since the Applicant was transferred to another Organization, she no longer has any contractual relationship, and therefore any lien to a post, with the United Nations Secretariat from the date of the transfer. The only remedy that the Applicant seeks is the return to the post she previously encumbered or assignment to a suitable vacant position in New York, and the Tribunal cannot order such remedy due to the cessation of the Applicant¡¯s contractual relationship with the United Nations...

The Tribunal noted that the Applicant did not identify any operative part of Judgment Massi UNDT/2016/100 that would not have been executed. Furthermore, Judgment Massi UNDT/2016/100 dealt with the calculation and timing of compensation for loss of earning capacity due to the Applicant from 14 May 2005 until 31 December 2015. No order was made in respect of any payment or entitlement to compensation after 31 December 2015. The Tribunal found that the present application raised a different matter than that addressed in Judgment Massi UNDT/2016/100 and was not related to any of the remedies...