����AV

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all UN staff members were to be “considered first”, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a UN staff member and the applicant challenged the decision to appoint them. At around the time of the applicant’s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

The ends of justice are not served but its processes stultified by requiring that an Applicant who had obtained judgment in his/her favour should seek management evaluation for enforcement or execution of the said judgment. An Applicant who refused to accept a cheque made out to her/him in time in fulfilment of a judgment sum cannot turn around to seek payment of interest on the said judgment sum on the grounds of delay. Having found that the monies awarded to the Applicant have been duly paid, the Tribunal rejects the Application in its entirety.

The Tribunal found that the PCO’s role was vitiated by bias towards the Applicant, the evaluation of the Applicant was not objective, the selection exercise was unlawful and the Organization failed to discharge the burden of presumption of regularity. Naming of names: The Statute does not define “personal data”, but for the purposes of judgments, it is unlikely to include names. Applicants are routinely named by the UNDT and UNAT in the headings of published cases except in circumstances where anonymity is granted by the Tribunal. Bias: In the legal sense, may be actual or apparent but either...

The proposed competitive process was necessitated by the ending of funding for the Capital Master Plan (“CMP”), a large-scale long-term renovation of the United Nations Headquarters Complex in New York. According to the Respondent, the Applicants’ posts are funded through CMP; the Applicants dispute this. The main issue in this case is whether the contested decision to subject the Applicants to the ad hoc competitive process test is lawful. The Tribunal found that the ad hoc competitive process announced in April 2012 was unlawful and ordered rescission of the decision to carry it out.

Request for revision of a ruling on an application for suspension of action: It follows from the combined provisions of articles 2.2, 11.3 and 12.1 of the UNDT Statute that a request for revision of a ruling on an application for suspension of action is not receivable. Even assuming that such a ruling might be open to revision, it is not possible for the Tribunal to revise it when the contested decision has been fully implemented.Extension of deadline for management evaluation: Staff rule 11.2(c) specifically provides that only the Secretary-General has the authority to extend the deadline for...

The Tribunal dismissed the application in its entirety.

The Tribunal held that the application was moot and not receivable. Accordingly, the application was rejected. On issue one, for an order for execution of default judgment, the Tribunal found that the Applicant had not obtained a default judgment as he alleged. The 14 December 2009 Order that the Applicant considered a default judgment merely directed the Respondent on the procedural requirements for applying to re-enter the proceedings, and which indeed happened with the Respondent filing a reply on 25 January 2010. On 7 June 2010, the Tribunal proceeded to Judgment No. UNDT/2010/105 in which...

Res judicata: Res judicata signifies that the same course of action cannot be adjudicated twice. For the stability of the judicial process, it is desirable that there is an end to litigation. Accordingly, the party who loses cannot relitigate his or her case. Remand: The fact that analogous cases of 14 fellow colleagues from UNDP based in India were remanded by the Appeals Tribunal to the Dispute Tribunal, further to their respective appeals, has no bearing with respect to the fact that the Dispute Tribunal’s judgment became final and non-appealable for those, such as the Applicants, who did...

Considering that in the circumstances of the case it is in the interest of all parties that the present matter be disposed of as soon as possible, the Tribunal deemed appropriate to rule on the application for revision by summary judgment, in accordance with art. 9 of its Rules of Procedure, without waiting for the Applicant’s reply.; An application for revision is not possible when the judgment in question is subject to appeal; the appropriate avenue for a party to adduce new facts during this period is through appellate proceedings.; Since the judgment was not executable, the UNDT found not...

The Tribunal rejected the application noting that the evidence before the Tribunal establishes that the Respondent has executed the Judgment No. UNDT/2016/185.