蘑菇视频DT/2012/119, Tiwathia
The Tribunal finds that jurisprudence does not constitute a new decisive fact.
The Tribunal finds that jurisprudence does not constitute a new decisive fact.
The 蘑菇视频DT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.
Receivability – Outcome of management evaluation: Except in the case foreseen in article 8.1(d)(i)b of the Tribunal’s Statute, Applicants have to await the outcome of the management evaluation process before filing an application with the Tribunal.
The 蘑菇视频DT found that the Applicant had made out a case for prima facie unlawfulness, but that the other two requirements for suspension of action – urgency and irreparable harm - were not fulfilled. It considered that the selection decision had already been implemented pursuant to Section 10.2 of ST/AI/2010/3 and therefore the Tribunal had no jurisdiction to provide interim injunctive relief. The Tribunal observed the irregularity whereby a non-selected candidate cannot have known that the decision has been implemented and is powerless under Article 2.2 of the Statute to suspend the action...
Receivability: For an application to be receivable, it must clearly identify the contested decision and be preceded by a request for management evaluation, where management evaluation is required.
Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant’s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...
Prima facie case: When the Respondent fails to respond to a submission of the Applicant and to the relevant evidence adduced by the parties, the Tribunal is left with the inference that the submission is correct.Urgency: The matter was imminent as the Applicant’s contract ended one day after the issuance of the Judgment. The urgency was due to the Respondent’s failure to properly ensure that a management evaluation would be ready before the scheduled day of separation.Irreparable harm: The harm that the Applicant contended, namely the loss of career prospects after having served with the...
Receivability/administrative decision: Preliminary steps such as the choice of a legal basis for a staff member’s performance appraisal or the capacity in which a reporting officer signs off on a performance appraisal can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member’s performance appraisal.
This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one’s life chances cannot adequately be compensated by money. Although the Applicant’s suspension of action did not specify a date until which the requested suspension of action should be applied, the 蘑菇视频DT granted it but limited it in time, per art. 13 of the Rules of Procedure of the Dispute Tribunal, to the...
The 蘑菇视频DT found that the non-renewal appeared to be based on a mission-wide retrenchment exercise and that it appeared that the Applicant served in an occupational group and against a functional title impacted by the downsizing of MINUSTAH. The 蘑菇视频DT found that there was no evidence before it to indicate that the panel responsible for carrying out a comparative review of the affected staff members erred in applying the agreed evaluation criteria when assessing the Applicant and other staff members in the related category.Outcome: The application for suspension of action was rejected.