51ÁÔÆæ

UNDT held that the Application was receivable on the ground that a decision not to select a candidate for a post is an administrative decision within the jurisdiction of the Tribunal. UNDT held that the Application was not res judicata. UNDT noted that the issue in the present case regarded a different administrative decision from the one deemed not receivable in a previous Judgment (Case No. UNDT/NBI/2013/014). UNDT held that the Applicant had knowledge of the decision not to appoint him to the Special Representative of the Secretary-General post on 22 May 2013 and that time for a request for...

The Tribunal concluded that the contested decision was unlawful in light of extraneous factors and the Respondent¡¯s failure to adhere to the rules on performance.

Performance appraisal: The Tribunal noted that even before the Applicant¡¯s individual performance work plan had been approved by his first reporting officer; his second reporting officer was making efforts to terminate his contract. The Tribunal held that it was unreasonable and inappropriate for the Applicant¡¯s performance to be measured against outputs and performance indicators that had neither been defined nor approved by his...

The Respondent submitted that the Application is not receivable ratione temporis since the Application was filed more than three years after the Applicant¡¯s receipt of the impugned administrative decision, however the Tribunal found the application to be receivable due to the exceptional circumstances of this case. Obligations under ST/AI/371: Under paragraph 24 of ST/AI/371/ it was the duty of the Applicant to file an appeal with the JDC within two months of the notification of the disciplinary measure meted out to him. Although the Applicant failed to submit a request for review of his...

Legitimate expectation ¨C The Country Office¡¯s Core Management Group meeting of 29 February 2012 decided that all international staff, including the Applicant, would be extended for one year and the Applicant knew of the decision. This Tribunal finds that the decision taken at a regular and proper Country Office Core Management Group meeting to extend the contract of a staff member, which decision is embodied in open recorded minutes and accessible to staff members, carries far greater weight than any ¡®express promise¡¯ that can be made to the said staff member about extending his contract. The...

In reviewing a decision not to renew an appointment, the role of the Dispute Tribunal is to determine whether the discretion not to renew was validly exercised. Where justification is given by the Respondent for the exercise of its discretion, that justification must be borne out by the facts. Both Parties have told the Tribunal that the Applicant took his grievances to the Retention Committee, which Committee then reviewed the Applicant¡¯s claim and found that the Retention Panel (which the Applicant chaired) had properly carried out the exercise it was charged with. The Tribunal is also...

Receivability: Noting that the Applicant submitted his Application 3 days before requesting management evaluation of the contested decision and that his request for management evaluation was submitted a month after the deadline for the statutory delay, the Tribunal concluded that the Application was not receivable.

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

Receivability - Mr. Wallace as a Legal Officer in MEU had the requisite delegated authority to make an exception to the Staff Rules in suspending the time limits for the Applicant to request for management evaluation as he did in the present case. The Applicant¡¯s case was therefore held in abeyance until 30 March 2011. The Applicant, as a result, had until 30 June 2011 to file her Application which she did on 6 June 2011. Full and fair consideration - All the candidates that appear before an interview panel have the right to full and fair consideration. A candidate challenging the denial of a...

Application of ST/AI/2002/4 to field mission personnel: The Tribunal held that since ST/AI/2002/4 excludes field mission staff members, like the Applicant, from its ambit it could not be made applicable in the current matter in the absence of a formal decision by the Secretary-General to make the administrative instruction applicable to a staff member who is clearly excluded from its purview. The Tribunal also held that ST/AI/2002/4 could not be made applicable to the Applicant by invoking the best practices rule or argument. Implementation of selection decisions: The Tribunal concluded that...

Res judicata: The Tribunal held that a request made to or a decision of MEU does not operate as an express or disguised form of res judicata. The principle of res judicata applies as a rule to judicial decisions. Thus, the Tribunal is not bound by the finding of MEU except for the limitation put on its judicial powers by having a suspension of action, which is a judicial order, lapse following a finding of MEU, which is strictly an administrative decision. Priority consideration: The Tribunal concluded that since the Applicant was found unsuitable for the post, the failure to consider his...