¹ú²úAV

The Applicant’s post was one of 45 posts earmarked in November 2007 for abolition by December 2008. It is not contested that the 45 posts for abolition which included the Applicant’s post were extended on GTA funding through June 2011. In the present Application on the merits, the Applicant needs to prove, at least on the balance of probabilities, that the Retention Panel was unfair in its evaluation of him and was discriminatory. Not only did he fail in his earlier suspension of action application to give particulars of the irregularities, errors, omissions and favoritism which he alleged...

The UNDT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.

The Tribunal finds that the Salary case was never properly before the Tribunal and is not receivable. It is within the discretionary authority of the Secretary-General to reconsider whether the existence of an injury is attributable to the performance of official duties. In this case, the Secretary-General has refused to exercise that discretion. The Applicant’s claims in as far as they rely on art. 11 of Appendix D to the Staff Rules are therefore not receivable. With respect to all of the Applicant’s other claims including her claim for DSA and air ticket for her daughter’s travel in 2002...

The Tribunal held that the Applicant had not adduced any arguments to substantiate the claim that the compensation recommended by JAB was inappropriate, insufficient or improper.

The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.

An appeal to an internal review panel established for such purpose did not amount to a written request for management evaluation addressed to the Secretary-General.

Administrative decisions: What an administrative decision is or is not depends on the nature of the decision, the legal framework under which the decision has been made and the consequences of the decision, which dispels any notion that administrative decisions can be placed in any kind of legal strait jacket. Performance evaluation: Notwithstanding the bar to rebutting successful performance ratings in section 15.1 of ST/AI/2010/5, when a contested administrative decision is alleged to be in violation of the legal issuances of the Organization, it is actionable before the Tribunal in so far...

The Tribunal found that the ICTR management was right to comply with the checking out procedures by withholding the Applicant’s checkout since had been part of a committee that had not rendered financial accounts. The Applicant had been a member of an executive committee that had left office without accounting for finances during their tenure which prompted the ICTR management to withhold some of the Applicants entitlements until such accountability is undertaken. Accountability: The Applicant cannot reap a harvest of compensation from his own lack of accountability. He did not deny that he...

The UNDT found that the Application and the claims contained in it were time barred and not receivable. Time Limits: It is an Applicant’s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the United Nations and ignorance cannot be invoked as an excuse for filing out of the stipulated time limits. Applicants must strictly adhere to procedural requirements prior to the commencement of formal litigation proceedings.

Selection processes: An appointing officer may decline to make an appointment where a selection process is marred by irregularities. It is within the competence of a program manager to set up a new interview panel where an initial interview panel has failed to properly discharge its mandate. While a candidate to a post has no right to be selected, he or she has every right to be fully and fairly considered for the post.Recommendation for a post is not the same thing as selection; while there is discretion in selection, there is no discretion in recommendation. Central Review Bodies: The...