Date of implementation of the contested decision: Although the Tribunal has taken different approaches with respect to the date of implementation of selection decisions pursuant to ST/AI/2010/3, a selection decision must be considered as implemented once the Organization receives the selected candidate’s unconditional acceptance of the offer of appointment.
Particular urgency: The requirement of particular urgency will not be satisfied if the urgency was created or caused by the applicant.
The proposed competitive process was necessitated by the ending of funding for the Capital Master Plan (“CMP”), a large-scale long-term renovation of the United Nations Headquarters Complex in New York. According to the Respondent, the Applicants’ posts are funded through CMP; the Applicants dispute this. The main issue in this case is whether the contested decision to subject the Applicants to the ad hoc competitive process test is lawful. The Tribunal found that the ad hoc competitive process announced in April 2012 was unlawful and ordered rescission of the decision to carry it out.
The Tribunal finds that jurisprudence does not constitute a new decisive fact.
Sub judice: The sub judice rule restricts the publication of prejudicial information relating to proceedings that are current before a court or pending judicial consideration and determination. Publication of prejudicial information about a person will not attract liability for contempt if proceedings involving that person are not yet pending (although a publication in this situation may attract liability on other legal grounds, for example, a defamation action in the domestic courts). Publication of material on matters that are sub judice may result in contempt of court, punishable in many...
The 蘑菇视频DT found that the Applicant’s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The 蘑菇视频DT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The 蘑菇视频DT rejected the Applicant’s claims of emotional distress as unproven. The 蘑菇视频DT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...
Renewal of fixed-term appointments: A decision to extend the fixed-term appointment of a staff member for a short period of time contains in fact two decisions, on the hand a decision to extend, on the other, a decision to set a date beyond which the staff member’s appointment will not be extended. Receivability of application against a renewal decision: It follows from staff rule 4.13(c) that when the fixed-term appointment of a staff member expires, that staff member has no right to renewal. Accordingly, a decision to extend a fixed-term appointment, even for a short period of time, is not a...
Compensation: For an administrative decision to give rise to compensation, the Tribunal must first determine that such decision is unlawful. Right to work: Staff members not only have a duty but also a right to do the work for which they have been recruited.
Obligation to consult the staff member affected by a decision to discontinue his/her post: In view of the importance, for the staff member concerned, of the decision to discontinue his/her post, the Tribunal strictly interprets the procedural obligation to consult the affected staff member.
The inherent jurisdiction of the Tribunal confers it with power to deal with contemptuous conduct and is necessary to safeguard its judicial functions. This power need not be defined in the Tribunal’s Statute or in its Rules of Procedure. Willful disobedience of the Tribunal’s orders is contempt and is a direct attack upon the jurisdiction of the Tribunal and its power to undertake the responsibilities with which it has been entrusted in its Statute by the General Assembly. 蘑菇视频ON management while disregarding the authority of 蘑菇视频AT in Villamoran on the duty of parties to comply with...
