51ÁÔÆæ

On the score of prima facie unlawfulness, the Tribunal noted that, in the letter to the; Applicant dated 19 November 2012, the Chief Human Resources and Planning Section (HRPS), informed her that her application of for the FS-5 post was not successful. The Applicant was also informed that a suitable positin had been identified for her, namely, a Claims Assistant at the G-6 level. The Tribunal found that the identification of a G-6 level post for the Applicant who at the time encumbered an FS-4 level post could not be considered a suitable position for the Applicant as required by sections 10.2...

On the score of prima facie unlawfulness, the Tribunal held that the Respondent had failed to provide reasons why the decision not to renew the Applicant¡¯s appointment was lawful. The Tribunal therefore, concluded that based on the available evidence, the contested decision was motivated by countervailing circumstances and was thus prima facie unlawful. With regard to urgency, the Tribunal found that the Applicant had acted prudently by filing her application in a timely manner. Consequently, the Tribunal held that in the circumstances, the requirement for urgency had been satisfied by the...

On the score of prima facie unlawfulness, the Tribunal concluded that the Respondent¡¯s decision not to renew the Applicant¡¯s appointment was prima facie unlawful having been motivated by erroneous factors. The Tribunal thus held that the Applicant had met his burden of proof by establishing that he had an arguable case of unlawfulness. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant¡¯s contract was to expire on 9 November 2012. On irreparable damage, the Tribunal concluded that the Applicant was approaching the retirement age. The...

Management evaluation: The Tribunal can only suspend an administrative decision that is subject to an ongoing management evaluation.Cancellation of vacancy announcements are administrative decisions that have been implemented and therefore can not be subject of a suspension of action application. The Applicant had not sought management evaluation of the ongoing selection process as such the Tribunal found that it could not be subject to a suspension of action application.

Administration¡¯s withdrawal of unlawful individual administrative decisions which created rights: Staff rule 11.2 not only permits but actually requires the Administration to revoke an administrative decision that it considers unlawful. However, the power to revoke decisions conferring rights should necessarily be exercised within the relevant time frame to respond to a request for management evaluation. Irreparable damage: Where the injury alleged is only hypothetical, it may not be regarded as ¡°irreparable¡± within the meaning of article 2.2 of the Statute in the context of an application for...

Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal¡¯s Statute that the Tribunal is not in a position to rule on an application for suspension of action, pending management evaluation, on a decision, if copies of the decision in question or the request for management evaluation have not been submitted. Compliance with orders: A party to a proceeding has a duty 51ÁÔÆæ an order of the Tribunal and particularly an interlocutory case management order pursuant to Article 19. To persist in disobeying such orders...

Receivability ratione materiae of application for suspension of action pending management evaluation: In order for the Tribunal to act upon an application for suspension of action submitted pursuant to article 2.2 of its Statute, an ¡°administrative decision¡± must be at issue. According to the Tribunal¡¯s case law, a challengeable administrative decision is a decision taken by the Administration which carries direct legal consequences in respect of the applicant¡¯s rights under the terms of his or her appointment or contract of employment.

Receivability of application for suspension of action pending management evaluation: It results from article 2.2 of the Tribunal¡¯s Statute read in conjunction with staff rule 11.2(c) that a request for suspension of action during the pendency of the management evaluation may only be receivable if the request for management evaluation has been submitted in due time.

Receivability ratione materiae of application for suspension of action pending management evaluation: In order for the Tribunal to act upon an application for suspension of action submitted pursuant to article 2.2 of its Statute, an ¡°administrative decision¡± must be at issue. According to the Tribunal¡¯s case law, a challengeable administrative decision is a decision taken by the Administration which carries direct legal consequences in respect of the applicant¡¯s rights under the terms of his or her appointment or contract of employment.

The Tribunal found that no interim relief could be ordered either under art. 2.2 or art. 10.2 of its Statute. No management evaluation was ongoing at the time of the application and thus no suspension of action could be ordered under art. 2.2 of the Statute. Further, as no application on the merits under art. 2.1 of the Statute has been filed by the Applicant, no interim relief could be ordered under art. 10.2 of the Statute. The Tribunal noted that, even if the Applicant filed an application on the merits under art. 2.1 of the Statute in addition to the present application for suspension of...