51ÁÔÆæ

The Applicant did not prove that any exceptional circumstance beyond her control prevented her from filing the application on time. The Applicant¡¯s request for anonymity is granted to ensure the protection of the medical information discussed in the case. Related

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...

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...

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...

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...

The UNDT cannot condone delay or adjust the time permitted for filing an application within the prescribed 90 calendar day limit. There must be a limit to such actions. The Applicant¡¯s given reasons for failing to meet the deadline were not exceptional. There was no long-term outage of her electrical supply or internet service to prevent her from seeing the email before the end of business in the New York time zone. The Applicant should have sought a waiver of the time limit or leave to file after the statutory timelines before the deadline for filing. The amendment to the UNDT statute was...

UNDT held that the application challenging the OIOS¡¯ decision not to investigate the Applicant¡¯s allegation is misconceived. There was nothing to show that the decision being impunged in the Application was improperly taken, or that it was tainted by factors extraneous to the complaint. UNDT held that OIOS acted properly in referring the matters complained about back to UNHCR for appropriate investigation and action. UNDT dismissed the Application as not receivable.

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...