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The Tribunal found that the application, in so far as it impugned a decision that had been rescinded, had to be rejected as irreceivable. Concerning the Applicant¡¯s claim for compensation for moral injury allegedly arising from the contested decision, the Tribunal considered that the causal effect between the Applicant¡¯s troubles and the contested decision had not been demonstrated by the medical certificates provided and thus rejected the claim, without ruling on its receivability. The Tribunal further rejected the Respondent¡¯s request for award of costs against the Applicant because it did...

An application for a suspension of action is in the nature of an injunction, the purpose of which is to maintain the status quo between parties until the order lapses. Article 10 of the Ä¢¹½ÊÓƵDT Statute states in no uncertain terms that there is no appeal against such an order. The Tribunal stated that the United Nations Appeals Tribunal (¡°Ä¢¹½ÊÓƵAT¡±) had opened the door to an appeal against a Suspension of Action (¡°SOA¡±) decision by stating that the prohibition to an SOA appeal against a decision was an exception. Ä¢¹½ÊÓƵAT meant thereby that it would be left at the discretion of the Ä¢¹½ÊÓƵAT whether an appeal...

The Tribunal recalled that the burden of proof lay on the Applicant and there was nothing on record to show that the contested decision was made on the ground of improper motives against the Applicant. On the contrary, it found that OCHA had acted in good faith.

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal¡¯s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

The Tribunal found that the contested decision did not appear prima facie unlawful and dismissed the application.

Receivability: In light of the Respondent¡¯s own arguments in this case, it should have been clear that the decision taken clearly falls within the type of decisions contemplated by art. 2.1 of the Tribunal¡¯s Statute. This Tribunal has moved toward a less rigid and more purposive interpretation of what constitutes an administrative decision and parties should not fail to take into account the developing case law of the Dispute Tribunal and the Appeals Tribunal. Incomplete applications: There may be cases where an application for sabbatical leave, while formally containing the documents and...

The Tribunal found: that the Applicant had established a case of prima facie unlawfulness; that the element of urgency was met and the harm suffered to the; Applicant¡¯s reputation and career prospects if the decision was implemented could not be adequately compensated by monetary damages.

Considering that the Respondent¡¯s allegation that the Applicant¡¯s contract was not renewed for unsatisfactory performance during the period 2009-2010, the Tribunal noted that the rating ¡°Partially meets performance expectations¡± had been considered by the Rebuttal Panel as unfair and changed to ¡°Fully meets performance expectations¡±. In the light of this finding the Tribunal took the view that the decision not to renew the Applicant¡¯s contract on the ground of unsatisfactory performance for the year 20092010 was prima facie unlawful.

Having observed the demeanour of the witnesses, examined and analyzed the evidence provided by the witnesses in support of the charge against the Applicant, the Tribunal finds the evidence credible, truthful and properly acted upon. The testimonies relied upon by the Respondent when imposing the disciplinary sanction against the Applicant are substantiated, corroborated and truthful. The evidence relied upon by the Respondent in this case sufficiently supports the charge against the Applicant of improperly soliciting and receiving monies from local citizens in exchange for their initial...

Prima facie unlawfulness Having reviewed the Applicant¡¯s performance evaluations, the Tribunal had doubts as to whether the Applicant¡¯s direct supervisors were indeed consulted before the lieutenants finalized and gave to the Applicant the performance evaluation forms on 9 June 2011. Absent an explanation from the Respondent on this particular point, these doubts had a direct impact on the lawfulness of the contested decision. If indeed the Administration did not follow its accepted and reasonable practice, the decision not to extend the Applicant¡¯s appointment due to his poor performance...