Ä¢¹½ÊÓƵ

Receivability: The Applicant¡¯s request for administrative review was made outside the mandatory time limit. In accordance with article 8.3 of the Dispute Tribunal¡¯s Statute, the Tribunal may not suspend or waive the deadlines in the Staff Rules concerning requests for administrative review or management evaluation. There is no basis in the former Staff Rules for finding that time to request an administrative review should only be calculated from the end of the involvement of the Ombudsperson. The terms of reference of the Joint Ombudsperson are inconsistent with the Staff Rules. The...

Receivability: The letter of November 2007 was sent before the contested decisions had been made. The Applicant thus cannot be appealing against those decisions. The letter of 4 March 2008 was sent by the Applicant within the required two-month period but it was not addressed to the Secretary-General. If this letter were properly filed with the Assistant Administrator of Ä¢¹½ÊÓƵDP, in accordance with the practice of Ä¢¹½ÊÓƵDP to conduct its own administrative review, it remains that this letter could not trigger an administrative review as the Applicant did not state in clear terms that she was...

Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal; the time limits for appeal start running from that first decision. Subsequent refusals are confirmative decisions which do not have the effect of restarting the running of time limits.

Management evaluation: Claims against decisions that have not been the subject of a request for management evaluation are not receivable before the Tribunal. An applicant may not seek any rulings or relief in relation to these decisions. The events surrounding them may be part of the factual matrix of the application but they are peripheral at best. Project document: There is no mandatory requirement in the rules or any Administrative Instructions for a project document to be finalised prior to the responsible staff member taking up the project post. Authority for lateral transfers under ST/AI...

The Tribunal held that the Applicant had not raised a prima facie case as to warrant a suspension of action.

Time limits for requesting administrative review: Due to the pronouncement of the Appeals Tribunal in Costa, the Dispute Tribunal is unable to suspend or waive deadlines with respect to administrative review or management evaluation, irrespective of the circumstances of each case. Unless an appropriate case is put before the Appeals Tribunal and it decides to limit the seemingly absolute application of the pronouncements of Costa as it currently stands, this Tribunal is bound to follow them, even where sick leave or other intervening events would render filing impossible for an applicant...

Receivability of moot claims: Even before the Applicant submitted his application to the Tribunal, the Administration had extended the Applicant¡¯s contract beyond 30 April 2010 and it had informed him that his contract would be extended until the completion of his rebuttal. Accordingly, the application insofar as it concerns the decision to renew the Applicant¡¯s contract until 30 April 2010 was moot as at the date on which it was submitted to the Tribunal and it is therefore not receivable. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad...

Ä¢¹½ÊÓƵDT noted that it had not received any application or correspondence from the Applicant after the outcome of his management evaluation request was received. Ä¢¹½ÊÓƵDT closed the case for lack of prosecution.

Receivability: Since the Applicant was a staff member of Ä¢¹½ÊÓƵOG when the contested decision was taken, it indeed affected his terms of appointment. The Tribunal is thus competent to examine the case in accordance with article 2.1 of its Statute. Selection procedure: Ä¢¹½ÊÓƵHCR based its decision on the advice of Ä¢¹½ÊÓƵDSS which did not grant clearance to the Applicant¡¯s candidacy. However, Ä¢¹½ÊÓƵHCR was not compelled to follow the advice of Ä¢¹½ÊÓƵDSS concerning the candidacy of the Applicant because this practice is not codified in any legal text of regulatory character. Hence, the contested decision is illegal...

The Tribunal rejected the application as time-barred because the Applicant had failed to request management evaluation of the contested decision within the established time limit. Authority of the Tribunal to waive the deadlines for management evaluation: The Appeals Tribunal held in several judgments that pursuant to article 8.3 of its Statute, the Dispute Tribunal has no authority to waive the deadline for management evaluation, including where exceptional circumstances may have prevented the staff member from complying with the deadline. Authority of the Secretary-General to waive the...