The Tribunal cannot allow the Applicant’s claim to continue to “hang like the sword of Damocles” over the efficient operations of the Organization. The Applicant had failed to give instructions to his Counsel in respect of his Application. The Applicant’s Counsel’s responses show disregard for the directions from the Tribunal. The Applicant has not actively or diligently pursued his case.
Rule 11.4(g)
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Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Reassignment or transfer
Discretion
The Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2.1 (a) of the UNDT Statute. The Tribunal took the view that the decision taken by the administration to appoint an ad interim DCPM and to reallocate responsibilities and duties pursuant to that appointment was an administrative decision. Nevertheless, for the purposes of Article 2.1 (a) of the UNDT Statute, the Tribunal stated that it is not sufficient for the Applicant to merely establish that an administrative decision was taken in the overall context of the position she...