¹ú²úAV

The Tribunal chose to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. The Tribunal recalled that under art. 8.1(c) and 8.1(d)(i) of the Tribunal’s Statute, a substantive application is receivable if the contested decision has been submitted for management evaluation and the application is filed within 90 calendar days of the applicant’s receipt of the response by management to his or her submission or within 90 calendar days of the expiry of the relevant response period for the management evaluation if no response to the request...

Based on these very general principles, and in the lack of any further instruction or guidance—at least, as relevant to the present case—the Tribunal sets out the following basic minimum standards that must apply when administering a written test: a)Generally, while the Administration enjoys a broad discretion on how to administer a written test, it must nevertheless do so in a reasonable, just and transparent manner otherwise, a job candidacy would not receive full and fair consideration. b)As also stated in the Manual, any assessment must be undertaken on the basis of a “prescribed...

No submission or further correspondence was received by the Registry from the Applicant. The Tribunal, therefore, can only conclude that the Applicant was no longer interested in the pursuit and outcome of these legal proceedings, which was therefore deemed to have been abandoned, and this matter therefore stood to be dismissed for want of prosecution.

The fact that the Applicant was a staff member of UNOPS when he applied for these contractor positions is not relevant to appreciate the receivability of the Applicant’s claims since, in the four instant cases, he contests four decisions not to select him on non-staff positions.

Decision 1 – the Tribunal held that the Applicant failed to substantiate his claims of a flawed process and improper motives that led to his separation from service. The Tribunal concluded that the Applicant knowingly assumed the risk of not being able to secure another assignment or position before the expiration of his FTA on 31 March 2016 when he declined the offer to be recommended for the regular budget position in Rabat as well as declined the extension of his temporary assignment. Decision 2 – the Tribunal concluded that the Respondent failed to follow proper procedure for the placement...

As the Applicant withdrew his claims, there is no longer a matter for judicial consideration and determination and therefore the case is closed.

The Tribunal commended the parties and the Ombudsman for their efforts in finding an alternative resolution following proactive case management by the Tribunal, as encouraged by General Assembly Resolution 70/112, adopted on 31 December 2015.

The Tribunal also highlighted the positive contribution of the Chief, Languages Services, in the resolution of this matter, through her regular attendance at CMDs as well as the cooperative and positive approach adopted by the Applicant.

Although each claim was being dealt with separately, given the resolution agreed between the parties, the Tribunal ordered that these claims be subject to an order for combined proceedings. There being no matter for judicial consideration and determination in these cases, the cases were closed.

Any irregularity in the selection process had no impact on the selection status of the Applicant because, no matter what, she had no foreseeable chance of promotion.

As the matter was settled by mutual agreement, the case is closed.