The UNDT found that the Applicant failed to satisfy the requirements of irreparable damage and particular urgency. The application for suspension of action was rejected.
The UNDT found that the Applicant failed to provide any explanation to the Tribunal as to the reasons for filing the present application 25 calendar days after the email of 28 October 2011 and nine working days before the examination. The UNDT found that the urgency in the present matter was created by the Applicant, who did not act timeously in filing the present application with sufficient urgency.
Consultations: “Consultation with the appropriate staff representative bodies” does not mean that for an administrative instruction to enter into force, it must necessarily meet the agreement of the staff representatives.Acquired right: An acquired right is breached only when an amendment adversely affects the balance of contractual obligations by altering fundamental or essential terms of employment.Irreparable damage: Mere financial loss is not enough to satisfy the test of irreparable damage. Harm to professional reputation and career prospects, or harm to health, or sudden loss of...
The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the...
The Tribunal found that the application was receivable. The contested decision had not yet been implemented, as the head of the department had simply communicated by phone his selection to the successful candidate and the latter had merely sent an email expressing his “great interest” in the job. The Tribunal found that this did not amount to an official offer by the Administration followed by an unconditional acceptance by the candidate. The Tribunal considered that the impending appointment of the successful candidate conferred urgency to the matter; that the contested decision, if...
The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the...
The UNDT found the requirement of prima facie unlawfulness to be satisfied on two issues—(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant’s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization’s obligation to regularly inform its employees concerning the...
Having considered that the application on the merits is irreceivable because the relevant response period for the management evaluation has not expired, the Tribunal rejects the application for suspension of action insofar as it is submitted pursuant to article 14 of the Rules of Procedure. It however considers that the contested decision appears prima facie unlawful, that its implementation would cause irreparable damage and that the case is of particular urgency, and it consequently orders that the contested decision be suspended during the pendency of the management evaluation, pursuant to...
UNDT held that the impunged decision was prima facie unlawful. UNDT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. UNDT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant’s filing of his application was prompt and...
UNDT held that the application was irreceivable because the Applicant failed to submit his request for management evaluation in due time. UNDT rejected the application for suspension of action.
