Request for execution of orders on suspension of action: The Tribunal does not have jurisdiction to enforce the execution of an order for suspension of action under art. 12 of its Statute and art. 32.2 of its Rules of Procedure. The Tribunal is not authorised either to circumvent these explicit provisions by using its power under art. 36.1 of its Rules of Procedure to extend its competence beyond the limits defined by the General Assembly in the Tribunal’s Statute.
Article 2.2
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Whilst the prescribed form refers to “judgments” and not “orders”, the Tribunal found that this is a matter of form and not substance. The Tribunal found that the suspension of action Order No. 276 (NY/2016) was dispositive of the case at the time, and it also found that the motion under review submitted by way of a motion for correction of a judgment on Form UNDT/F.8E rev. 1 of July 2011 was receivable. The Tribunal considered whether, since the Applicant was requesting para. 13 of Order 276 be modified to include a subsequent occurrence, a revision was warranted under art. 29 of the Dispute...
The Tribunal held that the Applicant’s allegations were unsubstantiated and therefore, found no basis to impugn the contested decision. As a result, the application was dismissed in its entirety.
The Applicant timely requested management evaluation of the contested decision and has met the procedural requirements to have this Tribunal adjudicate her case. The application is therefore receivable ratione materiae. The Tribunal considered that from provisions in ST/AI/2010/5 and ST/AI/2010/4, derives a general principle to complete performance evaluations before separation applicable also to staff members holding a fixed-term appointment. The Tribunal found that the Organization had to make a balancing exercise of the Applicant’s different performance results and could not simply act as...