51ÁÔÆæ

Receivability The Application was found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicant requested management evaluation timeously. 2) An individual administrative decision, namely, to apply the new post adjustment in relation to the Applicant, had been issued and implemented, as demonstrated by her salary slip of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s decisory...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

No evidence showed a link between the Applicant having expressed divergent views on a work-related matter and the decision not to renew her fixed-term appointment. The decision not to extend the fixed-term appointment was based on operational requirements and followed the Security Council¡¯s decision to withdraw MINUJUSTH. The Applicant had no expectation of renewal of her fixed-term appointment. No evidence showed that MINJUSTH made a written promise to extend the Applicant¡¯s fixed-term appointment. There is no legal provision directing the Administration to find placement for staff members at...

Receivability The Applicant¡¯s request for management evaluation was out of time. Thus, the application concerning the Applicant¡¯s separation from service due to post abolition is not receivable ratione materiae. It is clear from the evidence on file that the application concerning the Applicant¡¯s separation from service due to post abolition is time-barred and, consequently, not receivable ratione temporis. Non selection for the re-advertised post of Fundraising Officer The burden to prove unlawfulness in relation to non-selection lays with the Applicant as per the consistent internal case law...

The fact that the application was filed on 25 June 2019, a day after the deadline, was not disputed. The contested decision was sent to the Applicant on 25 March 2019, though he maintained that he saw it on 26 March 2019. Even if the Applicant considered 26 March 2019 to have been the date of receipt of the contested decision, the deadline for filing the application would still have been Monday, 24 June 2019. The argument that the Respondent should be considered to have consented to the jurisdiction of the Court since he failed to raise the jurisdictional challenge in time was found to be...

The decision to cancel JO 74088 The cancellation of JO 74088 relates to specific organizational needs which, in principle, fall out of the scope of the Tribunal¡¯s judicial review and make a challenge against such decision not receivable. The Tribunal recalled that when a selection process is cancelled, there is no administrative decision to contest as it does not fulfill the requirements established by the internal jurisprudence to be considered as such. The decision not to select the Applicant (JO 97210) The Tribunal did not identify any grounds to rescind the decision not to appoint the...

Receivability Its well-established jurisprudence that under staff rule 11.2(c), a decision is only reviewable by the Dispute Tribunal if the Applicant has timely sought management evaluation of such decision. A request for management evaluation is a sine qua non condition to have access to the internal justice system as per article 2.1 and 8.1.c) of its Statute and staff rule 11.2(a). Access to justice is not an absolute right and procedural limitations, such as this one, are compatible with the nature and scope of access to justice, provided that they are prescribed by law and do not impair...

The Applicant failed to indicate a specific date and content of the challenged administrative decision, as she only recalled an email from the Deputy Director, ID/OIOS, which would purportedly confirm an evaluation of insufficiency of the Applicant¡¯s investigatory experience to be recruited for the advertised post. The Tribunal, having considered the above-quoted content of the email, finds it insufficient to substantiate an administrative decision of definitive exclusion of the Applicant from the selection process. It remains, however, that the Applicant was not called for an interview and...

The Tribunal rejects the Applicant¡¯s argument related to the alleged lack of mens rea. It recalls that this is an administrative proceeding and not a criminal case. In the context of administrative/disciplinary proceedings, only the objective facts are essential to determine if misconduct has occurred. The ¡°underlying intentions¡± of the subject can only be taken into account as mitigating or aggravating circumstances. In the case at hand, the cumulative application of two sanctions of a financial nature (loss of five steps in grade and a fine of three months net base salary) is an excessive...

The job description for the position under review contained the same requirements as those agreed for the other services. There was therefore no evidence of ulterior motive in the design of the job description. The position was among those newly created following the reorganization of the concerned Division. While the Applicant disagreed with the way the restructuring was conducted, he was unable to show that the Administration exceeded its discretion. The Applicant failed the test which was eliminatory, therefore, his score at the interview was not taken into consideration. The written...