The Tribunal found that whereas 蘑菇视频SOS had called upon the Applicant to comply with the court order under the sanction of deductions, in fact, there were no deductions decided or effected. 蘑菇视频SOS’s actions were only prefatory. The Tribunal, therefore, held that the application was not receivable for want of a reviewable administrative decision. The application was dismissed.
The impugned decision did not produce any direct legal consequence on the Applicant’s terms of appointment or his contract of employment since he had an FTA which did not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of length of service. The Tribunal held that the Applicant’s assertion that he had a legitimate expectation of a two-year contract renewal as was usually the case ran counter to the clear and consistent jurisprudence of the Appeals Tribunal that the renewal of the appointment of a staff member on successive contracts did not, in and of itself...
The impugned decision did not produce any direct legal consequence on the Applicant’s terms of appointment or his contract of employment since he had an FTA which did not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of length of service. The Tribunal held that the Applicant’s assertion that he had a legitimate expectation of a two-year contract renewal as was usually the case ran counter to the clear and consistent jurisprudence of the Appeals Tribunal that the renewal of the appointment of a staff member on successive contracts did not, in and of itself...
It would make no logical sense to rescind the “the decision to withdraw the offer [the Applicant] received from [the United Nations-African Union Mission in Darfur (“蘑菇视频AMID”)] for the post of Security Officer at the FS-4 level” because, as a matter of fact, the post no longer exist since it was abolished by 31 December 2017.
The Applicant did not prove that any exceptional circumstance beyond her control prevented her from filing the application on time. The Applicant’s request for anonymity is granted to ensure the protection of the medical information discussed in the case. Related
The challenged decision was not the termination but a mere notice that the Applicant’s permanent appointment may be terminated if he failed to secure a new position and rejected the agreed separation proposed. Accordingly, the contested administrative decision did not constitute a reviewable administrative decision in the sense of art. 2.1(a) of the Tribunal’s Statute.
There was a final decision because the performance rating of “partially satisfactory” became binding on the Applicant once the Rebuttal Panel issued its recommendation of 25 May 2018. The application, however, was not receivable because the Applicant failed to prove that there were direct legal consequences stemming from the Rebuttal Panel’s decision.
Receivability The Applicant’s request for management evaluation was out of time. Thus, the application concerning the Applicant’s separation from service due to post abolition is not receivable ratione materiae. It is clear from the evidence on file that the application concerning the Applicant’s separation from service due to post abolition is time-barred and, consequently, not receivable ratione temporis. Non selection for the re-advertised post of Fundraising Officer The burden to prove unlawfulness in relation to non-selection lays with the Applicant as per the consistent internal case law...
The fact that the application was filed on 25 June 2019, a day after the deadline, was not disputed. The contested decision was sent to the Applicant on 25 March 2019, though he maintained that he saw it on 26 March 2019. Even if the Applicant considered 26 March 2019 to have been the date of receipt of the contested decision, the deadline for filing the application would still have been Monday, 24 June 2019. The argument that the Respondent should be considered to have consented to the jurisdiction of the Court since he failed to raise the jurisdictional challenge in time was found to be...
Receivability Its well-established jurisprudence that under staff rule 11.2(c), a decision is only reviewable by the Dispute Tribunal if the Applicant has timely sought management evaluation of such decision. A request for management evaluation is a sine qua non condition to have access to the internal justice system as per article 2.1 and 8.1.c) of its Statute and staff rule 11.2(a). Access to justice is not an absolute right and procedural limitations, such as this one, are compatible with the nature and scope of access to justice, provided that they are prescribed by law and do not impair...
