51ÁÔÆæ

The UNAT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the UNDT issued the first Order. The UNAT held that this was not grounds to grant the interlocutory appeal, because ABA¡¯s arguments were heard by the UNDT when he filed his motion for reconsideration.

The UNAT held that the UNDT did not exceed its competence or jurisdiction when it issued these case management orders. The UNAT was also not persuaded by ABA¡¯s argument that the violation...

The UNAT held that the former staff member¡¯s challenge was to a recommendation of the Alternate Chair of the Ethics Panel, and as an ethics recommendation, it was not an administrative decision subject to judicial review. Thus, the UNDT correctly dismissed this part of the application as not receivable.

The UNAT further found that the Administration¡¯s rejection of the March 2020 Alternate Chair¡¯s report and recommendation could not have been understood by the Ethics Office to be a request to conduct a new review. The UNAT observed that the evidence before the UNDT was that the decision was...

As the Applicant filed the application before the Dispute Tribunal almost two months after the decision to include his name in the ClearCheck database was implemented, the application for suspension of action was therefore not receivable.

For an application for suspension of action to be successful, there must be at least an averment of irreparable harm to the Applicant, which the present application did not contain. The reasons proffered by the Applicant did not constitute grounds for a finding of irreparable damage to the Applicant. The Applicant did not show that the implementation of the contested decision would cause him any harm that could not be compensated by an appropriate award of damages in the event the Applicant subsequently decided to file an application on the merits under art. 2.1 of the Tribunal¡¯s Statute (Evan...

The Tribunal found that the application was premature, as it concerned a recruitment process that was still ongoing and for which there had been no selection decision. The decision not to invite the Applicant for an interview was an intermediate step that was not a final reviewable administrative decision. Consequently, the application was not receivable ratione materiae.

The Tribunal considered that the Applicant did not establish the required irreparable damage. First, the Tribunal noted that the Applicant did not submit that she faced loss of employment or income, but rather that her placement on ALWP was ¡°detrimental and harmful to her professional work and reputation¡±. Second, by arguing that ¡°she [would] have to painstakingly re-establish her credibility and authority¡± and ¡°rehabilitate¡± her professional image, she was, in fact, arguing that these aspects can be repaired. Third, the Applicant did not provide any supporting documentation, such as a medical...

The Tribunal was satisfied that the Applicant had met all the requirements for a suspension of action by showing that the contested decision appeared prima facie to be unlawful, that this was a case of particular urgency, and that implementation of the decision would cause irreparable damage.

The Tribunal initially ordered that, in accordance with the Appeals Tribunal in Villamoran 2011-UNAT-160, the contested should not be implemented during pendency of the present proceedings and before it had adjudicated all matters of the present case.

As the Applicant filed the application to the Dispute Tribunal after the selection had already been implemented, the application for suspension of action was therefore not receivable.

The UNAT held that the UNDT properly applied the legal framework governing the termination of appointments for unsatisfactory performance. The UNAT found that the staff member was aware of the required performance standard for his post and that he had been given a fair opportunity to meet this standard. The UNAT observed that he had received ¡°partially meets performance expectations¡± for two performance cycles, and ¡°does not meet expectations¡± for the most recent performance cycle. He had also been placed on a performance improvement plan, but failed to meet all of the objectives of the PIP...

The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal. The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...