51ÁÔÆæ

The impugned decision is grossly, patently, incurably and incontrovertibly unlawful. An order suspending the administrative decision pending management evaluation is bound to work injustice in the circumstances.The Application that gave rise to the proceedings and deliberations in this case clearly was brought under a wrong heading when it was filed as a suspension of action application. The Tribunal, in the present circumstances, must in the interest of justice move this matter to the cause list of applications on the merit and accordingly dispose of it fully and on the merits.Article 36 of...

Applicants have a duty to pursue their causes of action promptly. Delay can cause considerable uncertainty and inconvenience not only for the Respondent but for third parties as well. The Applicant¡¯s fears of retaliation due to the non-existence of administrative machinery to protect him at the material times are not justified. This Application is not receivable as it was filed more than the three years stipulated under Article 8(4) of the Statute of the Dispute Tribunal after the Applicant¡¯s receipt of the contested administrative decision. In addition, the facts in this case would not have...

UNDT noted that a party may apply for the revision of a judgment only when that judgment is executable, which was not the case with Judgment Odio-Benito UNDT/2011/019 given that the Applicant had appealed it before the United Nations Appeals Tribunal. UNDT held that the application was not receivable ratione materiae and rejected it.

The UNDT drew an adverse inference from the Respondent¡¯s failure to disclose the reasons to the UNDT and declared that the contested decision was arbitrary, capricious, and therefore unlawful. The UNDT further found that the Administration breached its obligation to disclose the reasons for the contested decision to the Applicant. The UNDT ordered (i) compensation in the amount equivalent to six months¡¯ net base salary and entitlements at the P-5 grade, VI step, with retroactive interest, for actual economic loss suffered, and (ii) USD8,000 as compensation for emotional distress. Applicable...

The Applicant¡¯s criticism, that staff members with a vested interest in the process because they were unsuccessful in the promotion exercise procured the Staff Union resolution, is not a criticism that should be directed towards the Respondent¡¯s managers, but is rather a matter for the Staff Union. Staff member¡¯s right to a decision in a timely manner: The Respondent¡¯s approach to resolving this matter indicated a lack of urgency and sensitivity towards the legitimate expectations and feelings of the Applicant. Outcome: The UNDT awarded compensation of USD10,000 for emotional distress and...

Receivability of claim for relief: In his application before the former UN Administrative Tribunal, the Applicant merely requested compensation for the prejudice suffered. His request that the contested decision be rescinded, which was submitted two years later, must be rejected as time-barred since it was submitted long after the time limit for appeal had expired. 30 v. 60-day mark candidates: Section 6.2 of ST/AI/2002/4 prescribes that applications from 30-day mark candidates received after the 30-day mark shall be considered at the 60-day mark. Furthermore, it is clear from the provisions...

The application for suspension of action was dismissed on withdrawal by the Applicant.

30 v. 60-day mark candidates: It is clear from the provisions of ST/AI/2006/3¡ªin particular sections 4.5, 7.1 and 9.2, as well as paragraph 3 of annex I and paragraph 4 of annex III¡ªthat applications of candidates eligible to be considered at the 30-day mark must be considered before those of candidates eligible to be considered at the 60-day mark. 60-day mark candidates may only be considered if there are no qualified 30-day mark candidates. Compensation: In setting the appropriate amount of compensation, the Tribunal must assess the chance that the Applicant would have been promoted had the...

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

This application for suspension of action is dismissed upon withdrawal by the Applicant.