Assessment of prima facie unlawfulness: In the course of suspension of action proceedings sufficient proof of the facts must be presented in view of the strict time limits governing the suspension of action procedure.
Application for suspension of action pending management evaluation in disciplinary matters: It is clear from a plain reading of article 2.2 of the Tribunal’s Statute, article 13.1 of its Rules of Procedure and staff rule 11.2 that the two former provisions apply only where management evaluation is required. In the instant case, the contested decision is a disciplinary measure which can be challenged before the Tribunal without first seeking management evaluation. Thus, the Tribunal cannot rely on these provisions to order the requested suspension of action pending management evaluation...
Date of implementation of the contested decision: Although the Tribunal has taken different approaches with respect to the date of implementation of selection decisions pursuant to ST/AI/2010/3, a selection decision must be considered as implemented once the Organization receives the selected candidate’s unconditional acceptance of the offer of appointment.
In view of the Applicant’s submission, the case was found moot and the application was dismissed. The Applicant alleged that UNAMA reneged on an undertaking made in her previous application for suspension of action in May 2012, thus frustrating her temporary engagement. The Respondent submitted that the Administration had no objections to the Applicant going on a non-reimbursable loan, and that successful efforts were made to find the Applicant a temporary assignment with the United Nations Integrated Mission in Timor-Leste (“UNMITâ€). The Applicant subsequently filed a submission informing the...
Particular urgency: The requirement of particular urgency will not be satisfied if the urgency was created or caused by the applicant.
The UNDT found that the Applicant had made out a case for prima facie unlawfulness, but that the other two requirements for suspension of action – urgency and irreparable harm - were not fulfilled. It considered that the selection decision had already been implemented pursuant to Section 10.2 of ST/AI/2010/3 and therefore the Tribunal had no jurisdiction to provide interim injunctive relief. The Tribunal observed the irregularity whereby a non-selected candidate cannot have known that the decision has been implemented and is powerless under Article 2.2 of the Statute to suspend the action...
t. The applicant submits that her request for suspension of action is timely as the contested administrative decision has yet to be implemented. Legal Pronouncement: The decision to select a successful candidate is implemented upon the candidate’s unconditional acceptance of the offer presented to him which results in the formation of a binding employment contract between the candidate and the Organization. The formation of the employment contract, which results in the implementation of the post selection decision, will precede the date on which a successful candidate will assume his/her new...
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 one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...
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 one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...
This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one’s life chances cannot adequately be compensated by money. Although the Applicant’s suspension of action did not specify a date until which the requested suspension of action should be applied, the UNDT granted it but limited it in time, per art. 13 of the Rules of Procedure of the Dispute Tribunal, to the...
