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Ä¢¹½ÊÓƵDT held that it was only when the Applicant learned of the identity of the successful candidate that he could reasonably have apprehended that there were grounds for such a review. Time therefore runs from 2 March 2008. Ä¢¹½ÊÓƵDT held that the time for filing the appeal ran from the time when the Applicant discovered the identity of the person which in turn gave rise to his apprehension that he had grounds for an appeal. Accordingly, his application for review was in time and his appeal is receivable.

The ¡°reason to believe¡± must be more than mere speculation or suspicion: it must be reasonable and hence based on facts sufficiently well founded ¨C though of course, not necessarily proved ¨C to rationally incline the mind of the decision maker to the belief. It is clear that the question is one of fact and degree in which the decision maker is bound to act reasonably but which necessarily involves the exercise of judgment. It is inaccurate to refer to such a judgment as the exercise of a discretion. If the USG in this case had in fact decided that there was ¡°reason to believe¡± that the...

The P-11 clearly states that any misrepresentation or material omission made on a P-11 or other document requested by the Organization renders a staff member of the United Nations liable to termination or dismissal. The Applicant deliberately submitted a P-11 misrepresenting his educational background and submitted a certificate which he knew to be forged. Therefore, Ä¢¹½ÊÓƵHCR decision to summarily dismiss the Applicant was well-founded.

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

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...

The advertisement of a vacancy announcement is an action in rem, not in personam. In the present case, the Applicant failed to prove that the failure on the part of the Respondent to advertise the total number of posts to be filled in the vacancy announcement was a material error which violated his rights. With respect to the various allegations of discrimination, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the selection system at stake, the Applicant failed to prove his pleas

One of the elements that an application for suspension of action must show is that the contested decision ¡°appears prima facie to be unlawful¡±, i.e. that there is a reasonably arguable case that the contested decision is unlawful. A merely reasonable (hence legitimate in ordinary parlance) expectation of a particular outcome is not the same as a legitimate expectation that gives rise to any legal rights, and will be insufficient to establish reasonably arguable unlawfulness. Outcome: The Judge held that there is an insufficient evidentiary basis for concluding even on a prima facie level that...

The Applicant can only challenge the decisions before the Joint Appeals Board and subsequently before the judge only the decisions for which she requested a management evaluation.
Since, neither in her introductory application nor in subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for management evaluation. The judge limits himself to examining the arguments expressly raised.
The refusal of the hierarchical superior to propose a staff member for promotion is an administrative decision that can be challenged. In the...

When a time limit for filing an appeal expires on a Sunday, the appeal presented on the following Monday is admissible. Since, neither in his introductory appeal nor by subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for review which he made to the Secretary-General, the judge confines itself to examining the arguments expressly raised. While it is up to the judge to rule on the regularity of promotion procedures and on factual errors made by the administration, it is not for him to take the place of the High...