Ä¢¹½ÊÓÆµDT/2012/038, El Issawi
STL staff members are not United Nations staff members and thus do not have access to the Tribunal.
STL staff members are not United Nations staff members and thus do not have access to the Tribunal.
The Ä¢¹½ÊÓÆµDT found that the Applicant failed to establish that the alleged administrative decision he sought to contest affected his legal rights. The Ä¢¹½ÊÓÆµDT found that the Applicant lacked legal standing and his application was therefore deemed not receivable.
The Applicant subsequently filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The Ä¢¹½ÊÓÆµDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The Applicant was not qualified to address Ä¢¹½ÊÓÆµDT because, at the time of the disputed facts, she was neither a serving nor former staff member within the meaning of Article 3.1 of the Ä¢¹½ÊÓÆµDT Statute. Ä¢¹½ÊÓÆµDT accordingly disclaimed jurisdiction in this case and dismissed the application.
The Ä¢¹½ÊÓÆµDT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.
The Ä¢¹½ÊÓÆµDT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The Ä¢¹½ÊÓÆµDT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the Ä¢¹½ÊÓÆµDT. The Ä¢¹½ÊÓÆµDT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the Ä¢¹½ÊÓÆµDT on account of her being a former staff...
The Applicant filed a motion withdrawing his application and requesting that the case file be placed under seal. The Ä¢¹½ÊÓÆµDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate. The Ä¢¹½ÊÓÆµDT found that, given the already confidential status of the Tribunal¡¯s case files, the Applicant¡¯s request to place the case record under seal need not be granted. However, the Ä¢¹½ÊÓÆµDT ordered that, taking into consideration the particular circumstances of this case, the Applicant¡¯s name be redacted from the Judgment.
Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The Ä¢¹½ÊÓÆµDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
Following successful mediation, the Applicant filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The Ä¢¹½ÊÓÆµDT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant had been working with Ä¢¹½ÊÓÆµON as an independent contractor, the Tribunal held that he was not a staff member of Ä¢¹½ÊÓÆµON and as such, he has no standing to come before the Tribunal.