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Particular urgency: The requirement of particular urgency will not be satisfied if the urgency was created or caused by the applicant.

Receivability ¨C Outcome of management evaluation: Except in the case foreseen in article 8.1(d)(i)b of the Tribunal¡¯s Statute, Applicants have to await the outcome of the management evaluation process before filing an application with the Tribunal.

The Ä¢¹½ÊÓƵDT found that the Applicant had made out a case for prima facie unlawfulness, but that the other two requirements for suspension of action ¨C 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...

The burden of establishing bias or the perception of bias lies with the Applicant once the Respondent has made a minimal showing of regularity in the recruitment process. The Applicant must establish with clear and convincing evidence that he was not given full and fair consideration for the vacancy. Whilst the Tribunal was surprised that a person in the Applicant¡¯s position and with the Applicant¡¯s experience should not be recommended, it was unable to conclude that the Applicant had not been given full and fair consideration, particularly in view of the fact that some 13 other candidates...

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...

The Tribunal agreed with Thiam and Schook which held that the administration must send a written notification of the administrative decision to the staff member in order to determine when the sixty-day time limit starts to run. This Tribunal found that the Applicant was not formally notified of the impugned decision and the only official notification to the Applicant, that he was not selected for the post came in the form of the management evaluation report of 15 December 2010. The Tribunal therefore held that since the Applicant had requested a management evaluation on 27 October 2010, yet...

Certification of sick leave: If some staff members as a matter of practice communicated directly with the MSD rather than through their mission, such practice does not detract from or modify written legislation.Recognised regional medical centres: A country in serious political, economic and security situation was unlikely to be the place to seek adequate medical treatment for an ailment recognised by the organization as a condition for medical evacuation. Recovery of overpayment: Ä¢¹½ÊÓƵ being a humanitarian organization and in providing humanitarian assistance worldwide, needs to...

Renewal: Although staff members do not have an automatic right to renewal, they have a right to a fair consideration for renewal and for a decision based on proper reasons.Renewal, non-renewal, and limitations under art. 10.2 of the Statute: Staff rule 9.6(b) provides that ¡°[s]eparation as a result of ¡­ expiration of appointment ¡­ shall not be regarded as a termination within the meaning of the Staff Rules¡±. It is clear that non-renewal decisions are not covered by art. 10.2 of the Statute as they are not a form of termination.Selection of S-1 and S-2 level staff: There appear to be no rules...

The Respondent was required to act in the best interests of the Organization, when reassigning the Applicant, and it was principally for the Respondent as the Chief Administrative Officer of the Organization, pursuant to art. 97 of the United Nations Charter, to define what those interests were in the context of the administration of the Organization Outcome: For respondent (merits).

Assessment of irreparable damage in relation to non-selection decisions: The applicant was not the only recommended candidate and, therefore, it could not be concluded that he would have been selected for the litigious post. Accordingly, he failed to show that the implementation of the contested decision would cause him irreparable damage.