¹ú²úAV

The Tribunal limited its review to the time-bar of the request for review in July 2009. Since former Staff Rules were applicable to this case, the Morsy judgment and the broader definition of "exceptional cases" with reference to art. 8.3 UNDT Statute, art. 7.5 UNDT RoP had to remain out of consideration. The question whether UNDT has jurisdiction to waive time limits under the former system of internal justice - denied in Costa - could be left open, because no "exceptional circumstances" could be accepted. It was the Applicant's free will to await the outcome of the investigations, instead·of...

As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.

As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.

Since former Staff Rules were applicable to this case, the Tribunal pointed out that the application was time-barred under Staff Rule 111.2 (a).Outcome: Application was dismissed.

The Tribunal limited its review to the time-bar of the statement of appeal to the JAB in Februaiy 2009. Since fonner Staff Rules were applicable to this case, the Morsy judgment and the broader definition of "exceptional cases" with reference to art. 8.3 UNDT Statute, art. 7.5 UNDT RoP had to remain out of consideration. Neither the lack of knowledge of the English language nor ignorance of law could be accepted as "exceptional circumstances".Outcome: Application was dismissed.

The applicant submits that the decision not to promote her is contrary to the Charter of the United Nations and the provisions of the Staff Rules stipulating that the main factors to be considered with regard to promotions are efficiency, competence and integrity. However, the applicant does not specify in what respects the contested decision violates the said provisions and thus does not enable the judge to rule on these assertions. The principal reason for the refusal to recommend promotion was that the applicant had not been recommended in 2007. While the applicant is contesting that...

The Applicant can only challenge the decisions before the Joint Appeals Board and subsequently before the judge only the decisions for which she requested a management evaluation.
Since, neither in her introductory application nor in subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for management evaluation. The judge limits himself to examining the arguments expressly raised.
The refusal of the hierarchical superior to propose a staff member for promotion is an administrative decision that can be challenged. In the...

The judge makes his decision on the basis of all the documents in the file to the extent that all the parties are aware of them and have been able to discuss them. He must not exclude a document produced by a party unless it is submitted after the expiry of a time limit which he himself has fixed or which is imposed on him by the texts and only if this document is not likely to modify the outcome of the dispute, a hypothesis which requires the judge to grant the parties additional time to ensure compliance with the adversarial proceedings. The regulations in force for establishing the list of...

When a time limit for filing an appeal expires on a Sunday, the appeal presented on the following Monday is admissible. Since, neither in his introductory appeal nor by subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for review which he made to the Secretary-General, the judge confines itself to examining the arguments expressly raised. While it is up to the judge to rule on the regularity of promotion procedures and on factual errors made by the administration, it is not for him to take the place of the High...

The time limit for appeal runs from the date on which the appellant receives the Secretary General's response to her request for review. If the Administration maintains that it received it before the date indicated by the Applicant, it is up to the Administration to provide proof thereof. The minutes of the sessions held by the Appointments, Promotions, and Assignments Committee are documents allowing the judge to verify the procedure followed by the Commission. To obtain the annulment of a decision refusing promotion, the Applicant must establish either that the list of promotions was taken...