51ÁÔÆæ

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending...

The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending UNAT cases only. They do not include the power to revise UNAT judgements. Cases closed by judgments of former UNAT are res iudicata.

The Tribunal noted that the case was one of the cases provided for under Section 4.2 of ST/SGB/2009/11 on transitional measures. At the outset, the Tribunal declared the application irreceivable with respect to any claim which had not been raised previously in the request for review to the Secretary-General. The Tribunal further raised ex officio the issue of the receivability ratione personae of the application since the decision not to select the Applicant to the post was taken when the Applicant was a former staff member. The Tribunal noted that article 3, paragraph 1 (b), of the UNDT...

The Tribunal cannot allow the Applicant¡¯s claim to continue to ¡°hang like the sword of Damocles¡± over the efficient operations of the Organization. The Applicant had failed to give instructions to his Counsel in respect of his Application. The Applicant¡¯s Counsel¡¯s responses show disregard for the directions from the Tribunal. The Applicant has not actively or diligently pursued his case.

Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the UN justice system remain within a reasonable frame. As for exceptions, ¡°exceptional cases¡± arise from exceptional personal circumstances. Relevant factors for an Applicant¡¯s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the...

The Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2.1 (a) of the UNDT Statute. The Tribunal took the view that the decision taken by the administration to appoint an ad interim DCPM and to reallocate responsibilities and duties pursuant to that appointment was an administrative decision. Nevertheless, for the purposes of Article 2.1 (a) of the UNDT Statute, the Tribunal stated that it is not sufficient for the Applicant to merely establish that an administrative decision was taken in the overall context of the position she...

The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1 (a) of the Statute of the United Nations Dispute Tribunal. The Tribunal cannot compel the Organization to investigate the Applicant¡¯s complaints against ECA¡¯s Senior Management as pleaded by the Applicant. An investigation is part of a disciplinary procedure as described at paragraph 2 of ST/AI/371 ¨C Revised Disciplinary Measures and Procedures. The Applicant has recourse under the Staff Regulations and Rules to pursue his grievances in relation to his allegations of abuse of authority by ECA Management.

Paragraph 19 of the APPC Procedural Regulations of June 2006 states that only staff members who have served for a minimum of one year in their post are eligible to apply for vacancies. The Applicant claims that the contested decision dated 29 February 2008 to appoint 12 staff members to vacant posts affects her rights since these vacant posts were not advertised. However, in accordance with the above-mentioned provision, at the time the 12 staff members were appointed, the Applicant was not eligible to any of these posts as she had been appointed only in September 2007. Therefore, without it...

Paragraph 19 of the APPC Procedural Regulations of June 2006 states that only staff members who have served for a minimum of one year in their post are eligible to apply for vacancies.The Applicant claims that the contested decision dated 29 February 2008 to appoint 12 staff members to vacant posts affects his rights since these vacant posts were not advertised. However, in accordance with the above-mentioned provision, at the time the 12 staff members were appointed, the Applicant was not eligible to any of these posts as he had been appointed only in September 2007. Therefore, without it...