The Ä¢¹½ÊÓƵDT found that the Applicant failed to establish that the alleged administrative decision he sought to contest affected his legal rights. The Ä¢¹½ÊÓƵDT found that the Applicant lacked legal standing and his application was therefore deemed not receivable.
STL staff members are not United Nations staff members and thus do not have access to the Tribunal.
A decisive or material fact as per art. 29 of the Tribunal¡¯s Rules of Procedure is one that was not known at the time the judgment was given. The said fact must be of such significant weight that its consideration in the case should lead to a revision of the judgment. The Dispute Tribunal has power to revise the judgments of the former Ä¢¹½ÊÓƵ Administrative Tribunal, being its successor and subject to compliance with the provisions of art. 29 of the Tribunal¡¯s Rules of Procedure. The issue of power to suspend a staff member during the disciplinary process is a matter of law and not of fact.
Legal representation: An applicant may be represented by counsel before the Tribunal provided the requirements of art. 8.2(c) and art. 12 of the Rules of Procedure are met; in particular, the applicant must formally authorize counsel to represent him/her and adequate information must be provided to the Tribunal on the good standing of counsel. Preparatory decisions: According to well-settled case law of the Dispute Tribunal, preparatory decisions are not subject to appeal. They may only be challenged in the context of an appeal against the final decision.
Starting date of the 90-day time limit to file an application: The Ä¢¹½ÊÓƵDT Statute, which prevails in case of contradiction with the Staff Rules as it is superior in the hierarchy of norms, prescribes that an application before the Tribunal must be filed within 90 days following receipt of the Administration¡¯s response to the request for management evaluation or, if the Administration has not replied to such request, following the expiry of the relevant response period for the management evaluation. If the Administration replies after the response period for the management evaluation but before...
Administrative decision: The essential element of an appeal is that there is a contested and appealable ¡°administrative decision¡±. ¡°Conduct¡± is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal¡¯s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant¡¯s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to...
In this case, the Applicant filed an application for revision of the judgment out of time. A decisive or material fact is one that was not known at the time the judgment was given. That fact must be of significant weight such that its application to the case should lead to a revision of the judgment.The Applicant was investigated and later summarily dismissed by Ä¢¹½ÊÓƵHCR on allegations of corruption in refugee processing in the Nairobi office of Ä¢¹½ÊÓƵHCR. The Applicant was also arrested by the Kenyan Police and charged in a Kenyan Court with various criminal offences, however, the Applicant was...
The Applicant contends that the decision not to renew his fixed-term appointment was based on irregularities, errors, omissions and favoritism and that it is discriminatory in nature and in violation of ST/AI/2010/5, however, he failed to give particulars of the irregularities, errors, omissions and favoritism which he alleged made the decision not to renew his fixed-term contract unlawful. The Applicant has failed to satisfy the first requirement of a suspension of action application, which is to show the prima facie unlawfulness of the contested decision.
Waiver of management evaluation deadline: The Tribunal held that the Respondent effectively waived the deadline for management evaluation and gave the Applicant the discretionary authority to decide when to litigate her matter by engaging her on the merits of her claims, even though her request for management evaluation was approximately 6 weeks late, and by suspending her request for management evaluation ¡°until further notice¡± with an undertaking that she could request for resumption of the formal process ¡°at any stage in the future¡±, should the issue not be resolved to her satisfaction.
Administrative decisions: What an administrative decision is or is not depends on the nature of the decision, the legal framework under which the decision has been made and the consequences of the decision, which dispels any notion that administrative decisions can be placed in any kind of legal strait jacket. Performance evaluation: Notwithstanding the bar to rebutting successful performance ratings in section 15.1 of ST/AI/2010/5, when a contested administrative decision is alleged to be in violation of the legal issuances of the Organization, it is actionable before the Tribunal in so far...
