51ÁÔÆæ

Judicial Review is a supervisory jurisdiction. It is not a jurisdiction which a tribunal may exercise over itself. The former UNAT and the UNDT were and are creatures of statute. Each has the ability, inherent to all courts and tribunals, to imply powers to prevent abuses of process; however, the jurisdiction of each tribunal is limited by the provisions of its respective empowering statute. In the absence of specific jurisdiction conferred on a statutory tribunal by statute, the power to exercise a supervisory jurisdiction such as judicial review cannot be implied. This conclusion is...

Since the Applicant received an extension of time and failed to submit an application, UNDT dismissed the matter for want of prosecution.

The application was withdrawn by the Applicant in view of the informal resolution of the dispute.

The application was withdrawn by the Applicant.

An agency relationship exists between an interview panel and a Programme Manager or Program Case Officer, such that the Programme Manager is bound by the evaluation and recommendations of the panel provided that it acts within its terms of reference. The Administration had no prerogative or power to cancel the vacancy announcement for the reasons relied upon.

An interview panel set up by a Programme Manager is the Programme Manager¡¯s agent and as the principal, the Programme Manager is bound by the evaluation and recommendations of the panel in so far as the panel does not exceed its mandate. When a head of department having a final say in the making of a selection decision influences the outcome of an interview process and report, the resultant selection process has been unduly interfered with and its integrity compromised. It does not lie within the discretionary authority or prerogative of the Administration to evaluate both 30-day and 60 day...

The application was withdrawn by the Applicant in light of a settlement agreement.

The application was withdrawn by the Applicant.

In view of the informal resolution of the dispute and the withdrawal of the application, there is no longer any matter for adjudication before the Dispute Tribunal and the case is closed.

The Tribunal rescinds the decision to summarily dismiss the Applicant and Orders: the reinstatement of the Applicant; that the Applicant be paid her salaries and entitlements from the date of her summary dismissal to the date of this judgment with interest at 8%; that the Applicant be compensated for the breach of her right to due process at the rate of two months net base salary; that compensation be fixed, should the Secretary-General decide in the interest of the Administration not to perform the obligation to reinstate the Applicant, at two years¡¯ net base salary at the rate in effect on...