The non-renewal of the Applicant¡¯s appointment was predicated on her harassment complaint of 12 April 2012 against her supervisor. The Tribunal finds and holds that the three elements for a grant of an order for suspension of action have been established in this case.
The contested decision was to go into effect on 1 June 2012. The initial papers were received by the Tribunal on 29 May 2012, and the Applicant subsequently re-filed her papers as proper application on 30 May 2012. The Ä¢¹½ÊÓƵDT found that the urgency in this case was created by the Applicant as she was aware of the contested decision at least since 13 April 2012, and yet filed her proper application only two working days before the decision was to be implemented, providing no explanation for not filing it earlier. As the condition of particular urgency was not met, the Ä¢¹½ÊÓƵDT did not find it...
Following the filing of the application for suspension of action, the Respondent filed a submission stating that Ä¢¹½ÊÓƵAMA had agreed to allow the Applicant to retain a lien against her post and, accordingly, the application should be dismissed as moot. In response, the Applicant submitted to the Tribunal that, although Ä¢¹½ÊÓƵAMA had agreed to grant her a lien on her post, as a result of this decision not made earlier, she would be placed on special leave without pay due to the exhaustion of her sick leave and annual leave days, pending finalization of arrangements for temporary employment in New York...
The Tribunal agreed with Thiam and Schook which held that the administration must send a written notification of the administrative decision to the staff member in order to determine when the sixty-day time limit starts to run. This Tribunal found that the Applicant was not formally notified of the impugned decision and the only official notification to the Applicant, that he was not selected for the post came in the form of the management evaluation report of 15 December 2010. The Tribunal therefore held that since the Applicant had requested a management evaluation on 27 October 2010, yet...
Renewal: Although staff members do not have an automatic right to renewal, they have a right to a fair consideration for renewal and for a decision based on proper reasons.Renewal, non-renewal, and limitations under art. 10.2 of the Statute: Staff rule 9.6(b) provides that ¡°[s]eparation as a result of ¡ expiration of appointment ¡ shall not be regarded as a termination within the meaning of the Staff Rules¡±. It is clear that non-renewal decisions are not covered by art. 10.2 of the Statute as they are not a form of termination.Selection of S-1 and S-2 level staff: There appear to be no rules...
Not only did Counsel for the Respondent initially refuse to take part in the proceedings because submissions were being filed and submitted through the eFiling portal, she further failed to comply with the Tribunal¡¯s Order granting her an extension of 30 days. This failure, in the circumstances is an abuse of the process of the Tribunal. The Tribunal is entitled to enter, on its own Motion, a default judgment in this case. This means that in the present case, the Tribunal shall rely on the facts as presented by the Applicant and apply the relevant law to these facts. Upon his separation from...
The Tribunal rejects the Applicant¡¯s request for a joinder of both cases and it dismisses this case as moot.
The Ä¢¹½ÊÓƵDT found that the Applicant had previously resigned from a temporary appointment and was reemployed on the understanding given to her by MINUSTAH that the period of 364 days, following which she may have to take a break in service, would start running on the date of her new temporary appointment. The Ä¢¹½ÊÓƵDT found that the conditions for a suspension of action were met and ordered suspension, during the pendency of the management evaluation, of the implementation of the decision. Outcome: The Ä¢¹½ÊÓƵDT ordered suspension of action on the contested decision pending management evaluation.
Administrative decision: A decision imposing to a staff member an obligation to report to work may not be said to be purely preparatory in nature, as it has effects on his or her terms of appointment. As such, it is a decision open to appeal before the Tribunal. Interim measures: The Tribunal may only grant suspension of action on a decision as an interim measure under articles 10.2 of the Statute and 14 of the Rules of procedure during the proceedings of a case, that is, when there is an application against the same decision pending before it. Management evaluation/receivability of suspension...
