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.
Obligation to take action under ST/SGB/2008/5: The Administration’s obligation to take prompt and concrete action under section 5.3 of ST/SGB/2008/5 is not limited to formal complaints or reports but also extends to “allegations” of prohibited conduct. Scope of application of ST/SGB/2008/5: Comments made in the context of a staff member’s performance appraisal could in some circumstances fall under ST/SGB/2008/5. For example, harsh criticism unsupported by examples or the use of offensive language could constitute improper conduct that might reasonably be expected or be perceived to cause...
The Respondent is in breach of the first order for suspension of action (蘑菇视频DT/2012/029) – merely providing a different reason for the non-renewal does not obviate the need to abide by the original order.
Receivability/administrative decision: It would be inconsistent with its standard of review to allow the Tribunal to interfere with the review of a performance appraisal before the rebuttal process has been finalised.
Administrative review/management evaluation: Requests for management evaluation are mandatory first steps in the appeal process. Requirement to request for management evaluation for former staff members: Irrespective of whether an applicant is a current or a former staff member of the United Nations, he or she must request a management evaluation, where required, prior to filing his or her application with the Dispute Tribunal. Legal hierarchy and request for management evaluation: Even assuming that staff rule 11.2(a), insofar as it is silent on whether a former staff member must also request...
The Tribunal rejects the Applicant’s request for a joinder of both cases and it dismisses this case as moot.
Time limit to request management evaluation: Pursuant to art. 8.3 of its Statute, the Dispute Tribunal has no jurisdiction to waive deadlines for management evaluation. Confirmative decisions: Confirmative decisions do not have the effect of reopening time limits for appeal.
On the score of prima facie unlawfulness, having considered the facts of the case, the Tribunal held that everything pointed to a suspect reason for the non-renewal of the Applicant’s contract. The Respondent did not give a clear reason for non-renewal, even after the Applicant specifically requested for it. The Tribunal, thus concluded that the decision not to renew the Applicant’s contract was prima facie unlawful. With regard to particular urgency, the Tribunal found that this requirement was clearly met since the Applicant’s contract was to expire on 29 February 2012. The Applicant had...
The Tribunal rejected the application and awarded costs for abuse of process.
