Ä¢¹½ÊÓÆµDT/2015/083, Tavora-Jainchill
The Tribunal rejected the application as being not receivable ratione materiae.
The Tribunal rejected the application as being not receivable ratione materiae.
The application was rejected as not receivable ratione materiae.
The Ä¢¹½ÊÓÆµDT found that the Applicant chose not to submit her candidacy for this P-5 vacancy. Accordingly, the outcome of the selection process had no direct legal effect on the Applicant¡¯s terms of appointment. The Ä¢¹½ÊÓÆµDT found that the Applicant lacked standing to contest the selection process. The application was therefore dismissed.
The application was rejected as being manifestly inadmissible and not receivable.
The Tribunal found that the application was not receivable because the Applicant did not have standing to bring a claim in accordance with arts. 2 and 3 of the Statute of the Dispute Tribunal. The application was struck out as manifestly inadmissible.
The Tribunal found that the Guidelines were not applicable to the recruitment of Ä¢¹½ÊÓÆµLB GS local staff, because Ä¢¹½ÊÓÆµLB is not an ¡°established mission¡± and, therefore, does not fall within their remit; additionally, the Guidelines were never duly issued at ULNB. In fact, given that Ä¢¹½ÊÓÆµLB is not a peacekeeping operation or a special political mission, GS staff recruitments are covered by ST/AI/2010/3 and do not fall, as argued by the Respondent, in a lacuna of law,. The Tribunal further found that the time-in-grade requirements were abolished long ago and are contrary to norms of superior legal...
The Tribunal provided guidance to the Applicant at a case management discussion and issued a clear warning that he risked facing an order for costs under art. 10.6 of the Dispute Tribunal¡¯s Statute if he was unable to present an effective challenge to the legal contentions set out in the Respondent¡¯s reply. The Applicant confirmed that he wished to proceed with his case and filed further submissions. The Tribunal found that the Applicant had no legal standing to contest the decision because (a) not being eligible to apply for the post, he had no stake in the administrative decision; and (b) he...
No request for management evaluation The Tribunal finds that the Applicant relies on a request for management evaluation that contested a different decision to the decision contested in his application. Indeed, the request for management evaluation that he relies upon was submitted prior to the date of the decision contested in his application.No standing as staff representativeThe Tribunal takes cognizance of the fact that the General Assembly considered and rejected a proposal to grant staff associations standing to bring applications before the Dispute Tribunal. The Applicant¡¯s arguments...
The decision was based on a restructuring exercise of the OOSA Office, Beijing, by which the Applicant¡¯s post, which was funded through contributions from the Chinese Government, was replaced by a level 4 Service Contract (SC-4 post). The Applicant claimed that this was irrelevant since her non-renewal was relating to concerns about her performance. The Applicant, whose letter of appointment was with the United Nations Development Program (¡°Ä¢¹½ÊÓÆµDP¡±), had requested timely management evaluation with the Management Evaluation Unit at Ä¢¹½ÊÓÆµ Headquarters. She had, however, filed a request for management...
The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable. Receivability: An application against a non-renewal of appointment becomes moot when the appointment is extended prior to or pending the proceedings before the Tribunal, since the contested decision is deprived of its effects. As a consequence, the application is irreceivable.