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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The Ä¢¹½ÊÓƵAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...

The Tribunal found it most unlikely that¡ªin the hypothesis that the Applicant¡¯s fixed-term appointment had not already been terminated on 9 May 2018¡ªit would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant¡¯s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

Ä¢¹½ÊÓƵAT considered appeals by both Mr Bangoura and the Secretary-General. Mr Bangoura requested oral hearings was rejected. Ä¢¹½ÊÓƵAT held that the case would be decided on law and that the pertinent documents were on record. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT noted that the staff member had requested the execution of a part of judgment No. 1029 of the former Ä¢¹½ÊÓƵ Administrative Tribunal and that Tribunal had established a procedure for staff members wishing to challenge the non-execution of a judgment. Ä¢¹½ÊÓƵAT held that the staff member needed to make a request for review of the administrative...

Ä¢¹½ÊÓƵAT vacated Ä¢¹½ÊÓƵDT¡¯s award of CHF 5,000. Ä¢¹½ÊÓƵAT held that, while Ä¢¹½ÊÓƵDT had the power to award costs for manifest abuse of proceedings before JAB, Ä¢¹½ÊÓƵDT erred in finding that the Secretary-General¡¯s delay in responding to the JAB report constituted a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that, before Ä¢¹½ÊÓƵDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s appeal. As a preliminary matter, Ä¢¹½ÊÓƵAT refused the Appellant¡¯s Motion for Leave to File Additional Pleadings. Ä¢¹½ÊÓƵAT referred to Article 3(1) of the RoP and Section II. A. 3 of Practice Decision No. 1 of the Appeals Tribunal, which provides that it may grant such a motion only if there are exceptional circumstances. Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate any exceptional circumstances in the present case. Ä¢¹½ÊÓƵAT also referred to the transitional measures provided by General Assembly Resolution 63/253 and Article 2(7) of the Ä¢¹½ÊÓƵDT Statute, which notes that...

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. 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...

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.

Receivability: A decision which does not merely confirm a previous decision, but shows that in the meantime, efforts have been made by the Administration to find an alternative arrangement and sets a new deadline, may be considered as a new decision, which has the effect of setting a new time limit for requesting administrative review. In accordance with article 8.4 of the Ä¢¹½ÊÓƵDT Statute, the three-year time limit cannot be extended, even in exceptional cases within the meaning of article 8.3 of the Statute. The Dispute Tribunal is not competent to hear the case under article 2.7 (transitional...

Following inter partes discussions pursuant to case management directions by the Tribunal, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make in view of the Applicant¡¯s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.

Following the Tribunal¡¯s judgment on receivability (Judgment No. Ä¢¹½ÊÓƵDT/2012/149) and inter partes discussions, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement or appeal. The Ä¢¹½ÊÓƵDT stated in the judgment that, there no longer being any determination to make in view of the Applicant¡¯s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.