The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable. Receivability: An application against a non-renewal of appointment becomes moot when the appointment is extended prior to or pending the proceedings before the Tribunal, since the contested decision is deprived of its effects. As a consequence, the application is irreceivable.
The decision was based on a restructuring exercise of the OOSA Office, Beijing, by which the Applicant’s post, which was funded through contributions from the Chinese Government, was replaced by a level 4 Service Contract (SC-4 post). The Applicant claimed that this was irrelevant since her non-renewal was relating to concerns about her performance. The Applicant, whose letter of appointment was with the United Nations Development Program (“UNDP”), had requested timely management evaluation with the Management Evaluation Unit at UN Headquarters. She had, however, filed a request for management...
The Tribunal found that the Guidelines were not applicable to the recruitment of UNLB GS local staff, because UNLB is not an “established mission” and, therefore, does not fall within their remit; additionally, the Guidelines were never duly issued at ULNB. In fact, given that UNLB is not a peacekeeping operation or a special political mission, GS staff recruitments are covered by ST/AI/2010/3 and do not fall, as argued by the Respondent, in a lacuna of law,. The Tribunal further found that the time-in-grade requirements were abolished long ago and are contrary to norms of superior legal...
The Tribunal found that the application was not receivable rationae materiae and rejected it.
The Application is not receivable pursuant to arts. 8.1 and 8.4 of the Tribunal’s Statute and in accordance with the Appeals Tribunal’s ruling in Terragnolo 2015-UNAT-517. Therefore, it is not necessary for the Tribunal to consider the merits of the case. Given the nature of the defects in the pleadings prepared by her Counsel, including the failure to observe basic legal and procedural requirements within the United Nations regulatory framework and Staff Rules, Counsel may wish to review the bill of costs, if any.
Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant’s post. The Respondent’s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence – In considering the Respondent’s prayer with regard to the admissibility of Annex 13, the Tribunal...
Receivability: The Tribunal concluded that the Applicant’s challenge to ICTR’s decision is not receivable because the decision had no legal consequences which caused her material harm or otherwise adversely affected her terms or conditions of appointment. Request for anonymity: The Tribunal concluded that in balancing the right of the Applicant to have her personal data and sensitive material protected against the principle of transparency, the pleadings and associated documents did not reveal any material or information concerning the Applicant that requires protection.
The Tribunal rejected all of them as irreicevable: first, it found that the application concerning a decision to refer allegations of misconduct made against the Applicant to the Assistant Secretary-General, Office of Human Resources Management, was time-barred, as the Applicant had not filed her application within 90 calendar days of the expiry of the 45-day response period for management evaluation. Secondly, the Tribunal considered that the Applicant missed the 60-day deadline to request management evaluation for three other administrative acts she wished to contest, two of them being...
The Tribunal found that the Applicant had missed the deadline to request management evaluation of the refusal to provide her with a badge; hence, her application was irreceivable ratione materiae in that respect. As for the denial of legal assistance, the Tribunal considered that in view of the exceptional circumstances of the case, which lies in the fact that the relationship between the Applicant and her former supervisors in the Office of the Administration of Justice, including the Chief, OSLA, had completely broken down, the refusal to grant assistance to the Applicant through OSLA could...
The Tribunal found that the application deals with identical matters as that subject of judgment Tintukasiri et al. UNDT/2014/026, affirmed on appeal by the Appeals Tribunal (Tintukasiri et al. 2015-UNAT-526), and that it was not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute.
