51ÁÔÆæ

Scope of application: It is an essential and inherent part of the duties of a Judge to clarify, interpret and comprehend what the claim is to identify what is in fact being contested. Time limits (receivability ratione materiae): Time limits do not begin to run anew simply because and when an Applicant is provided with a reasonable belief that there are grounds to request management evaluation of a decision that was notified at an earlier stage. Administrative decision (receivability ratione materiae): In case of post abolition, the decision to (re)advertise the post is not an administrative...

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Management evaluation: the requirement of filing a request for management evaluation prior to submitting an application before the Tribunal has been invariably upheld by the Appeals Tribunal. The Tribunal has no jurisdiction to either waive the deadlines for the filing of requests for management evaluation with the MEU or make any exception to it; therefore, the Tribunal is incompetent to review decisions which have not been subjected to management evaluation. Technical bodies: as per staff rule 11.2(b), technical bodies are determined by the Secretary-General. Absent such determination...

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Strict enforcement of time limits: time limits for formal contestation of a decision are to be enforced strictly. Exceptional cases (in relation to the waiver of time limits): according to art. 8.3 of the Tribunal¡¯s Statute, the Tribunal may suspend or waive the deadlines for a limited period ¡°only in exceptional cases¡±. The Appeals Tribunal has repeatedly found that only circumstances beyond the applicant¡¯s control that prevented him or her from exercising the right of appeal in a timely manner may be considered exceptional circumstances justifying a waiver of the statutory time limits.

Starting date for time limits: Time limits must be counted from the moment all facts necessary to the commencement of the case were known, or at least should have reasonably been known .Publication of vacancies: The Administration is uncontestably required to announce existing and foreseeable vacancies to be filled. If more than one vacancy is to be advertised under the same JO, the JO in question needs to clearly indicate so. Non-retroactive application of the Statute¡¯s amendment: An amendment of the applicable rules cannot apply to an application filed prior to the entry into force of said...

Administrative decision: Advice from OAIS about where to submit a complaint that does not fall within the scope of its authority does not produce any direct legal consequences to the legal order and, therefore, does not constitute an administrative decision.In the absence of a specific time limit in the applicable rules and regulations for finalizing PAD rebuttals, a former staff member has no right to compel the Administration to investigate misconduct for a delay in the completion of a PAD rebuttal process; therefore, the absence of a response to such request does not constitute an implied...

Formal requirements: It is justified to request a complainant to conform to the requirements of format and content of secs. 5.11 and 5.13 of ST/SGB/2008/5. However, as a matter of fairness, the same degree of exigency must be required from the different complainants. Purpose and material scope of ST/SGB/2008/5: ST/SGB/2008/5 was promulgated to address very specific kinds of conduct, defined in its sec. 1. Re-characterizing allegations of a different nature and having them investigated under the bulletin is a misuse of the procedure. Investigating a complaint and its counter-complaint together...

Non-renewal: A non-renewal decision can be based on a mere reduction of work, based on a workload prognosis¡ªmade at the time of the decision. This can lead to a situation where a regular budget post remains vacant without actually being abolished. There is no legal obligation for the Administration to renew a staff member¡¯s FTA based solely on the fact that the respective post is funded. On the contrary, it may be in the best interest of the Organization to save money instead of using available resources at all cost. In assessing future workload, the Administration necessarily has to make some...

Non-renewal: A non-renewal decision can be taken on the basis of a projected reduction of workload; in assessing future workload, the Administration necessarily has to make some prognosis, on the basis of the elements available at the time of the contested decision. Factual developments relating to the future workload after the date of the decision have to remain out of consideration, and do not have an impact on the legality of the decision under review. Extraneous factors: The burden of proof with respect to extraneous considerations falls on the Applicant. Ultra vires: A non-renewal...