Ä¢¹½ÊÓƵDT held that the application was receivable because the time limit for management evaluation had not yet expired and management evaluation was still pending. Ä¢¹½ÊÓƵDT took note of the findings of the JAB Panel, which recommended suspension of action following the Applicant¡¯s request to this end dated 22 June 2009, and of the Deputy Secretary-General¡¯s memorandum by which such suspension was granted. Ä¢¹½ÊÓƵDT noted that both the Panel and the Secretary-General came to the conclusion that the questioned decision was prima facie unlawful and that the Applicant¡¯s reassignment, if implemented, would...
The members of the IJC were informed that the Applicant¡¯s cases had been transferred to the Ä¢¹½ÊÓƵDT from the Joint Appeals Board and that they may have had an interest to join in as parties in the case, pursuant to Article 11 of the Rules of Procedure. The information communicated to the members of the IJC could not be construed as amounting to any impropriety, less still a conflict of interest, within the meaning of Article 27 of the Rules of Procedure. The application was rejected because it was merely a repetition of the application dismissed by Judgment No. Ä¢¹½ÊÓƵDT/2009/005.
Unlawfulness: There has to be evidence to establish that, at the very least, it is probable that the non-renewal decision of itself was unlawful. Irreparable harm: Harm is irreparable if it can be shown that suspension of the action is the only way to ensure that the applicant¡¯s rights are observed. Although the applicant has expectation of fair treatment, any breach of due process in this case is capable of being compensated financially or by correction of the performance record. Should he be ultimately vindicated, he can get compensation for any losses arising out of defects in the...
Ä¢¹½ÊÓƵDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. Ä¢¹½ÊÓƵDT held that the contested decision in the present case did not appear to be prima facie unlawful. Ä¢¹½ÊÓƵDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. Ä¢¹½ÊÓƵDT also held that the decision of non-renewal was not an improper exercise of discretion. Ä¢¹½ÊÓƵDT held that there was no evidence that the non-renewal...
The mandate of Ä¢¹½ÊÓƵDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former Ä¢¹½ÊÓƵAT are judicial decisions, they cannot be contested before Ä¢¹½ÊÓƵDT. The provisions on transitional measures apply to pending Ä¢¹½ÊÓƵAT cases only. They do not include the power to revise Ä¢¹½ÊÓƵAT judgements. Cases closed by judgments of former Ä¢¹½ÊÓƵAT are res iudicata.
According to the Organization¡¯s broad discretion to reassign its employees to different functions, provided that the new position is in line with the grade, qualifications and professional experience, the Applicant could have been redeployed in principle. As legally required prior consultations with staff representatives were not held and - in addition - the agency showed lack of good faith by informing the Applicant only by ¡®all staff e-mail¡¯, procedural flaws vitiated the contested decision. Regardless of its significance, non-compliance with legal provisions specified in art. 2.1 Ä¢¹½ÊÓƵDT...
Ä¢¹½ÊÓƵDT noted that the procedure to be followed for the given position to be re-titled and re-classified had not been completed by the time the Applicant submitted her request to the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵDT concluded that no administrative decision had yet been made by the time the request for suspension of action was submitted to Ä¢¹½ÊÓƵDT and considered by same. Ä¢¹½ÊÓƵDT therefore held that the request had to be considered inadmissible, nothing preventing the Applicant from contesting the forthcoming decision.
