The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant¡¯s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline.
The Tribunal noted that, firstly, the Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the United Nations. Secondly, FAO has not concluded a special agreement with the Secretary-General, under art. 2.5 of the Tribunal's Statute, to accept the terms of the Tribunal's jurisdiction. Consequently, the Tribunal found that it was not competent to examine the present application.
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.
The contested decision did not affect the applicant¡¯s terms of appointment derived from his status as a former staff member or from his status as a retiree. Furthermore, there is not a contractual relationship between the applicant and the Organization derived from his voluntary service as a member of the Panel of Counsel. The application was thus neither receivable before the Ä¢¹½ÊÓƵAT nor before the Ä¢¹½ÊÓƵDT. Outcome: The application was rejected.
The contested decision was linked to the decision to bar the applicant from entering the VIC in October 1999, when he was no longer a staff member of Ä¢¹½ÊÓƵOV. Hence, the decision to deny his counsel access to the applicant¡¯s OSF did not affect and could not have affected his terms of appointment. The application was thus neither receivable before the Ä¢¹½ÊÓƵAT nor before the Ä¢¹½ÊÓƵDT. Outcome: The application was rejected.
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 found that the application was receivable ratione temporis but rejected it on the merits, on the ground that the post whose functions the Applicant carried out was not vacant or temporarily vacant within the meaning of ST/AI/1999/17. The Tribunal further rejected the Applicant¡¯s request for moral damages. Receivability ratione temporis: The serious health problem suffered by the Applicant constituted an exceptional circumstance justifying the delay in filing his application. The short period of time between the end of his sick leave and the filing of his application shows that the...
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...
