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The Tribunal¡¯s decision to grant a suspension of action on such a decision would not have the effect of rescinding or reversing the contested decision as claimed by the Respondent, but only that of suspending temporarily, from the date of the Tribunal¡¯s decision and until such date as provided for in the Ä¢¹½ÊÓƵDT statute, the legal consequences of the contested decision. The Applicant claims that the decision was not taken by the Secretary-General despite the Respondent¡¯s claims to the contrary. The Respondent refused to comply with the Tribunal¡¯s orders to submit a signed confirmation from the...

In the present case, the Applicant, who was advised by OSLA that his case lacked legal merit and who nevertheless could be represented by a counsel of his choice before the Tribunal, cannot claim that his due process rights were violated. The Tribunal reiterates that a fixed-term appointment carries no expectancy of renewal. However, the Judge must examine whether the Administration¡¯s actions may have created a legitimate expectation of renewal and whether the decision not to renew the appointment was motivated by extraneous factors. In the present case, the decision not to renew the Applicant...

In accordance with former staff rule 104.12(b)(i) and provisional staff rule 4.13(c), the Applicant cannot claim a right to the renewal of her fixed-term appointment. The Applicant claims that the difficult working relationship she had with her supervisor led the latter, with the objective of getting rid of the former, to seek the reclassification of her post at a higher level. However, the Applicant does not prove that the non-extension of her appointment results solely from the desire of her supervisor to remove her from the service, nor that, consequently, the contested decision appears...

Outcome: Application dismissed as the preponderance of evidence demonstrated that the applicant¡¯s candidature had been given full and fair consideration.

Outcome: In the exercise of its discretion under article 35 of the Rules of Procedure, the Tribunal found that it would be in the interests of justice to grant the respondent an extension of time for the filing of his reply until 21 December 2009, in order to allow the Tribunal to proceed with this matter without any further delays.

The decision was illegal since the Applicant, as a 15-day mark candidate, had been found suitable and therefore, in application of Section 7.1 of ST/AI/2006/3, the Administration was precluded from considering and selecting 30-day mark candidates. The Administration is bound to strictly adhere to the unambiguous terms of an administrative instruction.The Administration has discretionary power to set down reasonable standards to determine if a candidate has ¡°working knowledge¡± of a certain language, which it did in the present case.The Administration, in its dealing with staff members, has to...

The former Staff Regulations provided that: ¡°For the purpose of these Regulations, the expressions ¡®United Nations Secretariat¡¯, ¡®staff member¡¯ or ¡®staff¡¯ shall refer to all staff members of the Secretariat [¡­].¡± Former staff rule 104.10 (a) prohibited the recruitment of the father, mother, son, daughter, brother or sister of a staff member, except where another person equally well qualified could not be recruited. It results from the foregoing that candidates who have a family relationship with a staff member working for an entity part of the Ä¢¹½ÊÓƵ Secretariat are precluded from recruitment to a...

Since the Applicant only pointed out that the non-implementation of the indicated provision had restricted her options to be selected for posts in some duty stations, she failed to identify any such administrative decision. The Tribunal stressed that a selection process involves a series of steps which lead to an administrative decision. It stated that only if the Applicant contested the outcome of a selection process for a specific post (the administrative decision), would the Tribunal be competent to hear and pass judgement on her application.

Although a series of resolutions of the General Assembly authorized the Secretary-General (provided a number of conditions were fulfilled) to reappoint under the I00 series of the Staff Rules mission staff whose service under 300 series contracts had reached the four-year limit, there had never been any legal obligation to do so. Even if the principles of Handelsman were applied to this case, no express promise for converting the appointments could be found. Furthemore the Applicants failed to exhaust internal remedies in a timely manner, since they did not initiate formal proceedings against...

In the present case, the Administration must be deemed to have made good faith efforts to identify a position for the Applicant, for it actually offered him an adequate position. For a position to be considered adequate, it is not sufficient that it is at the same level than the previous position of the concerned staff member. It is also required that it be in line with his/her skills, qualifications and experience. Anyone alleging that a given decision was based on improper motivation bears the burden of proof. Outcome: The application was rejected. Ä¢¹½ÊÓƵADT Judgment No. 910 (1998)