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UNDT held that, in light of Order No. 62 (NY/2010) and the subsequent lack of prosecution of the proceedings, there was no matter for adjudication before the Tribunal. UNDT closed the case without a determination of its merits.

The impugned decision is grossly, patently, incurably and incontrovertibly unlawful. An order suspending the administrative decision pending management evaluation is bound to work injustice in the circumstances.The Application that gave rise to the proceedings and deliberations in this case clearly was brought under a wrong heading when it was filed as a suspension of action application. The Tribunal, in the present circumstances, must in the interest of justice move this matter to the cause list of applications on the merit and accordingly dispose of it fully and on the merits.Article 36 of...

Reason for non-renewal of fixed-term appointment: The Organization enjoys broad discretion regarding restructuring measures, including the abolishment of posts. Non-renewal following the expiration of a fixed-term appointment can be based on the lawful abolition of a post due to reorganization activities.

Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant’s contract ended in eight days from the date of the Judgment. The urgency was due to the Respondent not properly ensuring that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended he and his family will suffer from the non-renewal of his contract, and...

Confirmatory decisions: Confirmatory decision do not have the effect of reopening the time limits for formal contestation, as the said time limits run from the time the original decision was notified to the concerned staff member.Future disputes: It is not for the Tribunal to pronounce itself on forthcoming disputes.Outcome:Application rejected on receivability

Confirmative decisions: These decisions do not re-open time limits for formal contestation.

On the score of prima facie unlawfulness, the Tribunal noted that, in the letter to the; Applicant dated 19 November 2012, the Chief Human Resources and Planning Section (HRPS), informed her that her application of for the FS-5 post was not successful. The Applicant was also informed that a suitable positin had been identified for her, namely, a Claims Assistant at the G-6 level. The Tribunal found that the identification of a G-6 level post for the Applicant who at the time encumbered an FS-4 level post could not be considered a suitable position for the Applicant as required by sections 10.2...

On the score of prima facie unlawfulness, the Tribunal held that the Respondent had failed to provide reasons why the decision not to renew the Applicant’s appointment was lawful. The Tribunal therefore, concluded that based on the available evidence, the contested decision was motivated by countervailing circumstances and was thus prima facie unlawful. With regard to urgency, the Tribunal found that the Applicant had acted prudently by filing her application in a timely manner. Consequently, the Tribunal held that in the circumstances, the requirement for urgency had been satisfied by the...

On the score of prima facie unlawfulness, the Tribunal concluded that the Respondent’s decision not to renew the Applicant’s appointment was prima facie unlawful having been motivated by erroneous factors. The Tribunal thus held that the Applicant had met his burden of proof by establishing that he had an arguable case of unlawfulness. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant’s contract was to expire on 9 November 2012. On irreparable damage, the Tribunal concluded that the Applicant was approaching the retirement age. The...

Management evaluation: The Tribunal can only suspend an administrative decision that is subject to an ongoing management evaluation.Cancellation of vacancy announcements are administrative decisions that have been implemented and therefore can not be subject of a suspension of action application. The Applicant had not sought management evaluation of the ongoing selection process as such the Tribunal found that it could not be subject to a suspension of action application.