ST/SGB/1999/5
The Tribunal dealt with the notion of “exceptional circumstances” in the light of the jurisprudence of the former UN Administrative Tribunal, the UNDT and the UN Appeals Tribunal. It reaffirmed that “exceptional circumstances” are those circumstances that are outside the control of the applicant. The Tribunal considered whether it could find any exceptional circumstances, as alleged by the Applicant that could justify a waiver of the receivability requirements, pursuant to staff rule 111.2 (f) of ST/SGB/1999/5 of 3 June 1999. Initially the Applicant submitted before the JAB that the fact that...
Receivability: The part of the application regarding the decision identified under “g) the possibility of providing a negative reference about [the Applicant] to OLA where [she has] been interviewed and considered for a shortterm position of six months” is to be rejected as not receivable since a request for management evaluation was not filed timely. Merits: The contested decision: The Applicant’s fixed-term contract was terminated following the abolishment of her post due to a lack of funds and therefore subject to availability of suitable posts, the Applicant had the right (“shall”) to be...
Staff rule 4.7(a) and (b) has a limited and express area of application as established in staff rule 4.7(c) and that, per a contrario, a person who is the father, mother, son, daughter, brother or sister of a staff member and who applied to a post, was considered and was selected through a competitive selection process as being the best candidate, can be assigned to any post, including in the same department/unit which is not superior or subordinate in the line of authority to the staff member to whom s/he is related. Staff rule 4.7(c), by establishing that the posts which are superior or...