The 蘑菇视频DT found that the Applicant failed to establish that the alleged administrative decision he sought to contest affected his legal rights. The 蘑菇视频DT found that the Applicant lacked legal standing and his application was therefore deemed not receivable.
Non-renewal The Chief Administrative Officer’s decision not to renew the Applicant’s contract was arbitrarily taken. Downsizing In cases of downsizing, there is generally some established criteria put in place to ensure accountability and transparency of the process. In the present case, there was no evidence of such criteria and the Tribunal found that the Applicant was deliberately reassigned to another unit in order to make it possible for the downsizing axe to fall on him. Expectancy of renewal Applicant had a legitimate expectancy of renewal of contract considering that the Personnel...
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 蘑菇视频 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.
Management evaluation: Pursuant to well-settled case law of the Dispute Tribunal and the Appeals Tribunal, requests for administrative review or management evaluation are mandatory first steps in the appeal process. Improper motives: The onus is on the applicant to provide sufficient evidence that the contested decision was tainted by improper motives.
The Applicant submitted that she has a legitimate expectation of renewal and that the decision not to renew her contract was motivated by extraneous considerations. The Respondent submitted that the decision was taken as a result of 蘑菇视频MIT’s downsizing in view of its eventual closure. The 蘑菇视频DT found that the requirement of urgency was satisfied. The 蘑菇视频DT found that the requirement of prima facie unlawfulness was also satisfied as the reason provided by the Respondent in support of the contested decision appeared to be unsupported by the facts and the documents in this case. The 蘑菇视频DT also found...
Effect of reversal of decision on compensation: Because the contested decision was reversed by the Administration does not necessarily mean that the applicant is not entitled to claim compensation for the damage s/he may have suffered as a result of the unlawful decision. In a case where the Administration reversed the contested decision at the management evaluation stage, if an applicant can prove that s/he still sustains or sustained an injury resulting from the unlawful decision despite the rescission of the same, s/he has grounds for claiming compensation.Outcome:
Starting date of the 90-day time limit to file an application: The 蘑菇视频DT 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...
Outcome: The application was rejected. The 蘑菇视频DT found that the Applicant failed to demonstrate that the implementation of the contested decision would cause her irreparable damage.
