2020-Ģ��ƵAT-1003

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. Ģ��ƵAT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. Ģ��ƵAT held that while the absence of a response to a staff member��s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. Ģ��ƵAT held that in the absence of applications for the long-service step or the young professionals' program exam, the Appellant could not presume the direct negative legal consequences of a decision that might have existed but never did. Ģ��ƵAT held that the absence of a decision in response to a request for a rebuttal of performance appraisals had no direct legal effect and was neither an administrative decision nor an implied decision. By majority (Judge Colgan dissenting), Ģ��ƵAT dismissed the appeal on the basis that it was not receivable and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The staff member contested the Administration��s failure to provide a rebuttal report with respect to two performance appraisals which, she alleged, meant that she did not obtain a long-service step and could not apply for the young professionals' program. In the absence of a timely requested management evaluation for any administrative decision pertaining to her eligibility for the young professionals' program exam, Ģ��ƵDT dismissed her application on grounds that it was not receivable.

Legal Principle(s)

Except in cases concerning enforcement of a settlement agreement, documents prepared for and oral statements made during any informal conflict resolution process or mediation are absolutely privileged and confidential and should never be disclosed to Ģ��ƵAT. The absence of a response to a staff member��s request may constitute an implied administrative decision, however, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Fairweather

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement