51ÁÔÆæ

From the pleadings of the Applicant, it is clear that at the time of the contested decision he was a staff member of UNRWA. This entity does not fall under the jurisdiction of the UNDT. At the time the cause of action arose, the Applicant would probably have been entitled to pursue any claim he might have had against UNRWA before the former UN Administrative Tribunal. Since the cause of action arose in UNRWA, the element of ratione materiae of the UNDT is not satisfied because the Applicant should have filed his application against the Commissioner General as the Chief Executive Officer of...

Receivability/administrative decision: Preliminary decisions such as the choice of an appropriate basis for a staff member¡¯s performance appraisal do not have direct legal effects on his/her rights. They can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member¡¯s performance appraisal.Delegation of authority: A delegation of authority should not be guessed at or presumed. It must precede the taking of a decision and is not synonymous with retrospective rubberstamping.Classification of posts/generic job profiles: Section 2.2 of ST...

The Tribunal found that the Administration had fulfilled its obligation, stressing that the results in the tests indicated that the Applicant was less qualified for the posts than the other candidates. Receivability ratione materiae: Although the contested decision was made after the Applicant had ceased to be a staff member, it is directly linked to her separation and corresponds to the criteria set in the relevant jurisprudence of an ¡°administrative decision¡± subject to appeal. Priority consideration: A promise of priority consideration must be understood as giving priority only over other...

It was not disputed by the Applicant that what he contested was not a decision which was actually made. Rather, he challenged a possible decision (to require him to take a break in service) which would most likely be made by the United Nations Office at Geneva. The Tribunal considered that no decision had been made at the time when the Applicant filed his application. Consequently, the application was found irreceivable.

Receivability: In light of the Respondent¡¯s own arguments in this case, it should have been clear that the decision taken clearly falls within the type of decisions contemplated by art. 2.1 of the Tribunal¡¯s Statute. This Tribunal has moved toward a less rigid and more purposive interpretation of what constitutes an administrative decision and parties should not fail to take into account the developing case law of the Dispute Tribunal and the Appeals Tribunal. Incomplete applications: There may be cases where an application for sabbatical leave, while formally containing the documents and...

Regarding the first VA, the Applicant was not short-listed for interview, as only 30-day candidates as per ST/AI/2002/4 were. As to the second VA, the Tribunal deemed established that the president of the panel, without consultation with the other two members, already told the Applicant at the end of his interview that he would not be recommended as he did not speak Russian, a competency which was desirable but not required by the VA; he also told him immediately after the interview that he had little chance of being selected within the service he was working in. Concerning the third VA, which...

The Tribunal held that the Applicant had not raised a prima facie case as to warrant a suspension of action.

Receivability: Only the appeal of the compensation amount was receivable¡ªthe Respondent had already conceded to the selection processes being flawed, the Applicant¡¯s return to her liened post was not an administrative decision in itself, and the Applicant had defined a fourth decision too vaguely to give it any meaning. Compliance with orders: Lacking a response from Counsel for the Applicant to a written order, the Tribunal determined that, due to his failure 51ÁÔÆæ the order, by default the Tribunal would deem that the Applicant had agreed with the Respondent¡¯s contentions regarding...

The Tribunal found that the decision of the Ethics Office had direct consequences for the rights of the Applicant so as to make it an administrative decision. Further, the Tribunal held that when a claim relates to issues covered by ST/SGB/2005/21, a staff member is entitled to certain administrative procedures, including judicial review of the administrative decision taken.

Regulatory decisions v. individual administrative decisions: An applicant may plead the unlawfulness of a regulatory decision only in the context of an appeal against an individual administrative decision taken on the basis of such regulatory decision. The Tribunal may not rescind a regulatory decision.