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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in dismissing the application as not receivable ratione temporis. Ä¢¹½ÊÓƵAT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. Ä¢¹½ÊÓƵAT held that, with respect to the original decision, the Applicant did not file a request to Ä¢¹½ÊÓƵDT to suspend or extend the deadlines for filing her application to Ä¢¹½ÊÓƵDT, nor did she claim exceptional circumstances justifying a waiver of the time limits. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT recalled its jurisprudence that where a response to a management evaluation request is not received, a staff member has 90 days from when the response is due to file an application to Ä¢¹½ÊÓƵDT. If a response is received after the expiration of that 90-day time limit, the receipt of the response does not reset the clock for filing an application with Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that, since the MEU¡¯s response was received after the expiration of the 90-day period, it did not reset the clock for the staff member to file an application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT therefore initially made no error of law in...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s claim that the basis for the non-renewal decision was his unsuccessful application for a newly created post for which he had applied. Ä¢¹½ÊÓƵAT held that there was no evidence of the link between the decision not to renew his fixed-term appointment and his non-selection for the other post and considered that the timeline of events supported this. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its finding that the non-renewal decision was a separate matter from the then-ongoing selection exercise. On the Appellant¡¯s claim that the successive renewals of his appointment created an...

Outcome: The application for an extension of time to file an answer sets out in detail the reasons for the filing of an answer, and therefore the judge considered it as an application in terms of article 19 to file further papers. The judge held that in the current circumstances, receiving an additional submission that clarifies issues of fact and law may prevent unnecessary litigation, and assist the court in determining the questions before it in a fair and expeditious manner, and in doing justice to the parties. The judge granted the applicant leave to file an answer to the reply.

The applicant¡¯s supervisor should have recused himself from the Management Review Group (MRG) that reviewed the performance reports to avoid conflict of interest. However, this procedural irregularity was mitigated by the subsequent report of the Rebuttal Panel. Outcome: Respondent to pay the applicant the equivalent of one-month net base salary for suffering and stress.

Outcome: The Applicant¡¯s claim relating to the non-renewal of contract was not receivable (time-barred) and his claim for reimbursement of salary was rejected for lack of evidence. The Respondent was ordered to remove the note from the Applicant¡¯s file and pay the Applicant six months¡¯ net base salary for the breach of due process rights and the effect of the note on his career.

The Tribunal found that the Administration had fulfilled its obligation, stressing that the results in the tests indicated that the Applicant was less qualified for the posts than the other candidates. Receivability ratione materiae: Although the contested decision was made after the Applicant had ceased to be a staff member, it is directly linked to her separation and corresponds to the criteria set in the relevant jurisprudence of an ¡°administrative decision¡± subject to appeal. Priority consideration: A promise of priority consideration must be understood as giving priority only over other...

The Tribunal raises on its own motion the question of the receivability ratione materiae, namely whether the OIOS decision was an appealable administrative decision. On the merits, it finds that the OIOS decision is lawful. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass judgment on an application, including whether the contested decision is an...

The Tribunal found that the OIOS decision was an appealable administrative decision but that the application was time-barred. Force of JAB conclusions and recommendations: The Tribunal is not bound by the conclusions and recommendations of the Joint Appeals Board, which is only a consultative body. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass...

The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s contract was not terminated but, instead, it was not renewed after its date of expiration. As termination indemnity was payable to staff members upon termination of their appointment and not in cases of non-renewal, the Applicant was not entitled to such payment. With respect to the interest on reimbursement for unused annual leave days, the Ä¢¹½ÊÓƵDT found that, while that reimbursement amount was held by the Organization pending completion of the Applicant¡¯s separation paperwork, it accrued interest which is payable to the Applicant. With respect to the payment...