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Ä¢¹½ÊÓƵAT held that the staff member¡¯s appeal was defective because she did not specify which errors were committed by Ä¢¹½ÊÓƵRWA DT in arriving at its Judgment. However, given that the staff member was not legally represented, Ä¢¹½ÊÓƵAT went on to review the merits of the appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it held that the staff member did not have any right to be appointed and that the recommendation from the HR Head did not mature into an enforceable right. Second, Ä¢¹½ÊÓƵAT held that there was no entitlement to receive overtime pay since overtime must be authorized in advance and duly recorded...

On appeal, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or fact in accepting estimates from three different hospitals in Turkey, although one such estimate dated in December 2015 (close to the date of the interventions in Geneva, November 2015) and the other two estimates were submitted much later in October 2019. Ä¢¹½ÊÓƵAT held the December 2015 estimate was a fair estimate of the medical costs. Ä¢¹½ÊÓƵAT also rejected the staff member¡¯s argument that a more favourable exchange rate (1 USD : 3 TRY), which was applicable in 2016, should have been applied to the October 2019 estimates. The Tribunal...

Article 11.3 of the Ä¢¹½ÊÓƵDT statute provides that in the absence of an appeal, a Ä¢¹½ÊÓƵDT judgment shall be executable following the expiry of the time provided for appeal in the statute of the Appeals Tribunal. Article 12.1 of the Ä¢¹½ÊÓƵDT statute provides, among other things, that a party may apply to the Ä¢¹½ÊÓƵDT for a revision of an executable judgment on the basis of the discovery of a decisive fact. It results from the above-mentioned provisions read together that if a party discovers a decisive fact before the expiry of the time provided for appeal, that party may challenge the judgment rendered by...

The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1(a) of the Statute of the United Nations Dispute Tribunal. Given the nature of the decisions taken by the administration, there cannot be a precise and limited definition of such a decision. What is or is not an administrative decision must be decided on a case by case basis and taking into account the specific context of the surrounding circumstances when such decisions were taken. This is an administrative decision related to the applicant¡¯s contract of employment and is therefore receivable.

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

Putting into force a new methodical approach to establish a list of recommended staff for a P5 promotion had not been submitted to the mixed staff-administration consultative body of HCR as long as this approach did not modify the existing regulations when it comes to the criteria of promotion. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration...

The High Commissioner is not bound to follow the recommendations of the Appointments, Promotions, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is up to the administration to establish the list of promotions to put in place regulations to reconcile the two imperatives of advancement on merit and that of gender parity, if necessary by establishing quotas. Failing to have such regulations in place, the administration must apply the regulations in force. .Article 10, paragraph 5, of the Tribunal's...

On consideration of the totality of the applicant¡¯s particular situation, the Dispute Tribunal held it was an exceptional case with exceptional reasons justifying an extension of time. An extension of time to file was granted.

The representative, proposed by the staff to sit on a mixed staff-administration consultative body and appointed by the High Commissioner, may legally sit on the said body even though the staff association which proposed him has withdrawn its confidence. the fact that this staff representative is, after his designation, appointed to an inspection function is not in itself sufficient to create a situation of conflict of interest preventing him from sitting. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives...

It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the two imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. Paragraph 5 of article 10 of the Ä¢¹½ÊÓƵDT¡¯s Statutes imposes on the judge, in certain cases to set compensation that the Respondent may choose to pay in lieu of the annulment of the contested administrative decision. The judge takes into account the material damage...