51ÁÔÆæ

At the time the Applicant submitted his application to the Tribunal, the Administration had already reviewed its initial decision to grant the Applicant a three-month extension and extended him for an additional nine-month period. The Tribunal determined that since the contested decision was de facto rescinded by the Administration before the application was filed with the Tribunal, the application is not receivable. Had the Administration rescinded its decision after the filing of the application, the application would have become moot during the proceedings and the Tribunal would have...

There was substantial impact on the applicant¡¯s life and work, which was both foreseeable and a direct result of the breach. Injury to career prospects: It is reasonable to infer that the applicant will probably be promoted in due course and that this prospect has been delayed by his failure to achieve the position in Geneva. This is economic loss. The court proceedings were burdensome, stressful, and time consuming, but this matter is inextricably involved with the denial, up to the judgment, of the applicant¡¯s rights, and will be sufficiently recompensed as part of the award for the breach...

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.

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 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.

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 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...

Chapter 6.3.1 of the UNHCR Staff Administraion and Management Manual (SAMM) provides that ¡°staff members on active duty who hold an indefinite or a fixed-term appointment will be entitled to maternity leave with full pay for a total period of 16 weeks comprising a pre-natal and a post-natal period. When the expiry date of a staff member¡¯s fixed-term appointment, which is not considered for renewal, falls before the beginning of the six-week period prior to the delivery date, there will be no entitlement to maternity leave¡±.The Applicant¡¯s contract expired on 31 December 2006. At that time, she...

A single testimony reporting discriminatory statements made by an individual is insufficient to establish whether such statements were made if the accused individual denies having made such statements. From the moment that a confrontational relationship exists between a senior staff member and his/her supervisor, the Judge, without its being necessary to determine who bears a responsibility of the conflict, considers that the interest of the service requires addressing without delay the conflict and justifies the non-renewal of the staff member¡¯s contract, unless, in the instant case, the...