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Consultations: ¡°Consultation with the appropriate staff representative bodies¡± does not mean that for an administrative instruction to enter into force, it must necessarily meet the agreement of the staff representatives.Acquired right: An acquired right is breached only when an amendment adversely affects the balance of contractual obligations by altering fundamental or essential terms of employment.Irreparable damage: Mere financial loss is not enough to satisfy the test of irreparable damage. Harm to professional reputation and career prospects, or harm to health, or sudden loss of...

The Ä¢¹½ÊÓƵDT found the requirement of prima facie unlawfulness to be satisfied on two issues¡ª(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant¡¯s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization¡¯s obligation to regularly inform its employees concerning the...

From the pleadings of the Applicant, it is clear that at the time of the contested decision he was a staff member of Ä¢¹½ÊÓƵRWA. This entity does not fall under the jurisdiction of the Ä¢¹½ÊÓƵDT. At the time the cause of action arose, the Applicant would probably have been entitled to pursue any claim he might have had against Ä¢¹½ÊÓƵRWA before the former Ä¢¹½ÊÓƵ Administrative Tribunal. Since the cause of action arose in Ä¢¹½ÊÓƵRWA, the element of ratione materiae of the Ä¢¹½ÊÓƵDT is not satisfied because the Applicant should have filed his application against the Commissioner General as the Chief Executive Officer of...

The Tribunal found the application irreceivable on the basis that: (1) the decision of 28 April 2011 was not an appealable administrative decision; (2) the Tribunal was not competent to examine the legality of the subsequent decision on the Applicant¡¯s eligibility for consideration for conversion because she did not request management evaluation of this decision; and (3) even assuming that the decision of 28 April 2011 was an administrative decision subject to appeal, it was merely a confirmative decision and the Applicant did not contest it within the mandatory time limits as the initial...

The Tribunal found that the application was receivable. The contested decision had not yet been implemented, as the head of the department had simply communicated by phone his selection to the successful candidate and the latter had merely sent an email expressing his ¡°great interest¡± in the job. The Tribunal found that this did not amount to an official offer by the Administration followed by an unconditional acceptance by the candidate. The Tribunal considered that the impending appointment of the successful candidate conferred urgency to the matter; that the contested decision, if...

Having considered that the application on the merits is irreceivable because the relevant response period for the management evaluation has not expired, the Tribunal rejects the application for suspension of action insofar as it is submitted pursuant to article 14 of the Rules of Procedure. It however considers that the contested decision appears prima facie unlawful, that its implementation would cause irreparable damage and that the case is of particular urgency, and it consequently orders that the contested decision be suspended during the pendency of the management evaluation, pursuant to...

The Ä¢¹½ÊÓƵDT found the requirement of prima facie unlawfulness to be satisfied on two issues¡ª(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant¡¯s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization¡¯s obligation to regularly inform its employees concerning the...

The Ä¢¹½ÊÓƵDT found the requirement of prima facie unlawfulness to be satisfied on two issues¡ª(i) whether the implementation of the contested decision would have the prejudicial effect of unilaterally altering the Applicant¡¯s contract by introducing a new provision that is detrimental to her acquired rights; and (ii) whether the short notice given to the Applicant of the imposition of the 31-day period of ineligibility for re-appointment was in violation of the principles of due process, good faith and fair dealing, and the Organization¡¯s obligation to regularly inform its employees concerning the...

The Tribunal found the application irreceivable ratione termporis, considering that, for the purpose of former staff rule 111.2(a), the Applicant was duly notified of his non-selection by the email of 5 June 2009, and that subsequent communications were merely confirmative. Notification of non-selection decision: Former staff rule 111.2(a) did not require that a decision must be communicated in any specific manner, except that it must be in writing. Confirmative decisions: A decision which merely confirms a previous one may not be appealed and it does not reopen the time limit for formal...

Ä¢¹½ÊÓƵDT held that the impunged decision was prima facie unlawful. Ä¢¹½ÊÓƵDT held that, in the absence of some emergency situation, the Organization must keep staff informed of changes in key legislation and with sufficient time for the staff to take steps to find alternative employment, accommodation and address their visa status, particularly where changes will affect so many staff and their families. Ä¢¹½ÊÓƵDT held that, since the Applicant only became aware, on 27 October 2011, of a decision that would be implemented on 31 October 2011, and that the Applicant¡¯s filing of his application was prompt and...