Since the selection process did not yield a selection list, the Tribunal found that there was no administrative decision for the Applicant to contest. In the circumstances, the application was dismissed in its entirety as it was not receivable ratione materiae.
The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, there was no decision imposing disciplinary or administrative measures. The Applicant did not request management evaluation of any administrative decision related to the conduct of the investigation. The failure to seek management evaluation before...
The Tribunal dismissed the application as irreceivable. The Applicant had requested the Tribunal to order a rescission of the decision to permanently withdraw his MINUSCA’s driver’s permit. The Tribunal noted that this request had been satisfied by the Administration. The relief having been fully granted, there was no longer a justiciable matter before the Tribunal, thus rendering the application moot.
Decision 1 – the Tribunal held that the Applicant failed to substantiate his claims of a flawed process and improper motives that led to his separation from service. The Tribunal concluded that the Applicant knowingly assumed the risk of not being able to secure another assignment or position before the expiration of his FTA on 31 March 2016 when he declined the offer to be recommended for the regular budget position in Rabat as well as declined the extension of his temporary assignment. Decision 2 – the Tribunal concluded that the Respondent failed to follow proper procedure for the placement...
The Tribunal recalled that a request for management evaluation is a sine qua non for bringing an application except in cases where the advice was obtained from technical bodies, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure. In the present case, the Applicant did not request management evaluation of the contested administrative decision. Accordingly, the application was dismissed as not receivable.
The Tribunal refused to entertain the application. It found that the Applicant had submitted a most confused and inarticulate application. The application had many flaws. The Tribunal, therefore, determined that a summary judgment was appropriate and the application was accordingly refused.
The Tribunal, after hearing evidence and submissions but before reaching a determination on the merits of the case save for a finding of procedural error, decided that this was an appropriate case in which to invoke art. 10.4 of the UNDT Statute to seek the concurrence of the Secretary-General to remand the case for institution or correction of the required procedure. The Tribunal considered it appropriate to approach the Secretary-General directly and not through Counsel who represents the SecretaryGeneral as the Respondent in this case. The Tribunal considered that such an approach would: (i...
The Tribunal dismissed the application. The Tribunal found that the contested decision was rescinded promptly after its issuance. In fact, the main claim of the application was rendered moot even before the commencement of the proceedings before the Tribunal.
The Applicant’s claim for damages based upon an allegation that his property was destroyed and that his private safety deposit box containing USD21,000 in cash was lost was found irreceivable. The Applicant did not include this claim in his application. The Tribunal found the application to be irreceivable regarding the claim for reimbursement of the cost of security services from November 2014 till May 2015. That claim did not expressly form part of the application or the management evaluation request. The claim for damages equalling USD150,000 for “subsistence while stranded in Uganda...
The Tribunal held that the Application was moot and irreceivable. The Tribunal observed that it had acquired ex officio knowledge that the Applicant had been separated from service on the grounds of abandonment of post. The Tribunal acquired this knowledge from Case No. UNDT/NBI/2018/105 that was also filed by the Applicant. In the circumstance, the Applicant was no longer a staff member and her request to be transferred to a duty station where the supply of electricity was stable or to grant her an agreed termination of the appointment had been overtaken by subsequent events rendering the...
