51ÁÔÆæ

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.

The application was withdrawn by the Applicant.

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 the General Assembly¡¯s 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 Tribunal does not sit as an expert review body on the classification of posts. The Tribunal has the power and a duty to consider whether the Committee acted unfairly or in anyway improperly or whether there was any failure, omission or deliberate failure by the ASG to give effect to the substance of the report and recommendations of the Committee. If there is no evidence of this, the Tribunal will not overturn a decision of the Committee. Where the applicant raises general complaints of unfairness and denial of due process, it is incumbent upon the applicant to provide sufficient detail...

In general, there is no right to renewal of appointment for staff members serving on a temporary appointment. In the case at hand, no improper motives neither countervailing circumstances existed which may have tainted the contested decision with illegality. The reasons for that decision - no budgeted or approved posts of Language Assistant, Interpreter or Translator at his level in UNAMI, abolislnnent of the post - are acceptable. Although the Organization was not obliged to find alternative employment for the applicant as a staff member holding a temporary appointment, a bona fide effort was...

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...

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

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.

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 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...