蘑菇视频DT/2009/062, Hastopalli and Stiplasek
As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.
As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.
As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.
Pursuant to Article 10.1 of the Rules of Procedure, a respondent that fails to file its reply on time is barred from taking part in the proceedings, except with the permission of the Dispute Tribunal. In this particular case, to attain a fair and expeditious disposal of the case and to do justice to the parties it was necessary for the respondent to file a reply. Outcome: The judge exercised her discretion pursuant to Articles 10.1 and 19 of the Rules of Procedure to grant leave to the respondent to take part in the proceedings and to file its reply out of time.
Transferred JAB cases are governed by the 蘑菇视频DT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the 蘑菇视频DT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.
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The appeal is withdrawn and the case is closed.
The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all 蘑菇视频 staff members were to be “considered first”, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a 蘑菇视频 staff member and the applicant challenged the decision to appoint them. At around the time of the applicant’s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...
The application was withdrawn by the Applicant.
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At the time the Applicant submitted his application to the Tribunal, the Administration had already reviewed its initial decision to grant the Applicant a three-month extension and extended him for an additional nine-month period. The Tribunal determined that since the contested decision was de facto rescinded by the Administration before the application was filed with the Tribunal, the application is not receivable. Had the Administration rescinded its decision after the filing of the application, the application would have become moot during the proceedings and the Tribunal would have...