51ÁÔÆæ

The Tribunal rejected all of them as irreicevable: first, it found that the application concerning a decision to refer allegations of misconduct made against the Applicant to the Assistant Secretary-General, Office of Human Resources Management, was time-barred, as the Applicant had not filed her application within 90 calendar days of the expiry of the 45-day response period for management evaluation. Secondly, the Tribunal considered that the Applicant missed the 60-day deadline to request management evaluation for three other administrative acts she wished to contest, two of them being...

Termination of permanent appointment in case of post abolition: A decision to terminate a permanent appointment of a General Service staff member, taken on the basis of a decision by the General Assembly to abolish all posts in the category of that encumbered by the Applicant is legal, provided that no post at the mission remains for which the Applicant could potentially have been considered.Staff consultation: An essential element of consultation is that each party have the opportunity to make the other party aware of its views. However, consultations are not negotiations and it is not...

Termination of permanent appointment in case of post abolition: A decision to terminate a permanent appointment of a General Service staff member, taken on the basis of a decision by the General Assembly to abolish all posts in the category of that encumbered by the Applicant is legal, provided that no post at the mission remains for which the Applicant could potentially have been considered.Staff consultation: An essential element of consultation is that each party have the opportunity to make the other party aware of its views. However, consultations are not negotiations and it is not...

The Tribunal concluded that the Application is not receivable ratione temporis and materiae. Administrative decision: The Applicant submitted that his two requests for management evaluation were challenging two separate decisions. The Tribunal found that the Applicant¡¯s second request for management evaluation sought review of the same decision that was conveyed to him on 3 September 2014 after he requested the Administration to assist him with obtaining a visa to the United States. Receivability ratione temporis: The Tribunal held that the time limits in art. 8(1)(d)(i) of the UNDT Statute...

Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has requested management evaluation, where required. Failure to file a request for management evaluation prior to filing the application makes the latter irreceivable, ratione materiae.

The Respondent submitted that the application was not receivable because the Applicant did not submit a request for management evaluation within 60 days of receiving notification of the contested decision, as required by the Staff Rules. The Respondent produced minutes of four meetings held in June 2014, submitting that in the three of the four meetings, the Applicant was informed that her fixed-term appointment would expire and would not be renewed. The Applicant contested the accuracy of the minutes. A hearing on receivability was held at which each of the participants in the June 2014...

Appealable decision: The modalities of a written test in the context of a competitive selection cannot be contested as such as they do not constitute an administrative decision within the meaning of art. 2.1(a) of the Tribunal¡¯s Statute. However, the final non-selection can be challenged on the grounds that the selection criteria or the assessment conditions were improper.Written test: The administration of a written test is a lawful means of assessing the technical skills of candidates in a selection process. The methodology for such a test must not necessarily replicate the internal...

Appealable decision: The modalities of a written test in the context of a competitive selection cannot be contested as such as they do not constitute an administrative decision within the meaning of art. 2.1(a) of the Tribunal¡¯s Statute. However, the final non-selection can be challenged on the grounds that the selections criteria or the assessment conditions were improper.Written test: The administration of a written test is a lawful means of assessing the technical skills of candidates in a selection process. The methodology for such a test must not necessarily replicate the internal...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

As results from the evidence and from the Respondent¡¯s submissions, the contested decision consisted in the UNCB¡¯s recommendation against awarding the Applicant any compensation, which was included in the minutes of UNCB¡¯s 343rd meeting of 20 February 2014 submitted for the ASG/Controller¡¯s consideration on 4 April 2014.The Tribunal, after reviewing the content of the contested decision, finds that instead of making her own final and reasoned decision on the Applicant¡¯s claim, the ASG/Controller appears to have only signed off on the recommendation made by the UNCB to deny the claim on 23...

Receivability ratione materiae: The Tribunal is only competent to consider applications against an administrative decision for which an applicant has timely requested management evaluation, when required. Failure to file a timely request for management evaluation makes the application irreceivable, ratione materiae.

Scope of judicial review concerning post abolition: it is not for the Tribunal to substitute its own views to that of the Secretary-General on how to organize work and meet operational needs. The Tribunal may only examine and set aside decisions on very limited grounds, where there has been a finding of a breach of the administrative law considerations surrounding a decision.Improper motive: an Applicant has the burden of proof when seeking to demonstrate any improper motive.Comparative Review Policy for Locally Recruited Staff Members ¨C paragraph 4: in the context of an exercise to abolish a...

Not receivable ratione materia. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

The Tribunal rejected the application as non-receivable. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.

The non-disciplinary or administrative measure imposed against the Applicant is unlawful because, at the date of issuance of the contested decision, there was no longer an existing employment contract with the Applicant who was no longer a staff member. Accordingly, the Secretary-General had no longer the authority to impose such a measure.The entire complex process of launching an investigation into allegations of misconduct, instituting a disciplinary process and completing it by issuing the final decision, if any, to impose a disciplinary or non-disciplinary measure against a staff member...

Receivability: The Tribunal found that the Applicant¡¯s subsequent correspondence with the ONUCI Human Resources Office after he was notified of the decision did not constitute a new or discrete decision. He failed to meet the 60 day deadline set out in staff rule 11.2(c) for management evaluation. Consequently, his Application is not receivable.

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Role of the MEU - The MEU¡¯s role is restricted to conducting an impartial and objective evaluation of administrative decisions contested by staff members of the Secretariat to assess whether the decision was made in accordance with rules and regulations and not to act as Co-Counsel for the Respondent. Respondent¡¯s disclosure of legally privileged email communications between the Applicant¡¯s Counsel and MEU - Such activity compromises the perception of MEU as an independent, impartial and objective Unit and ¡°would leadto the complete absence of any form of communication or possible mediation...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...

Standard of review: In the context of a promotion exercise conducted under a specific policy, the Tribunal¡¯s review is essentially focused on the implementation of the policy. It is not the Tribunal¡¯s role to examine whether a policy adopted by the Organization is well-founded or appropriate. However, a decision may be rescinded if it is taken pursuant to a policy which does not comply with a higher norm and the irregularity results in a staff member not being given full and fair consideration for promotion. The Tribunal cannot amend a policy adopted by the Organization but may ¡°point out what...