Ä¢¹½ÊÓÆµDT/2015/087, Kalashnik
The application was rejected as being manifestly inadmissible and not receivable.
The application was rejected as being manifestly inadmissible and not receivable.
The application was rejected as not receivable ratione materiae.
The Tribunal rejected the application as being not receivable ratione materiae.
The Tribunal rejected the application as being not receivable ratione materiae.
The Tribunal considered that since the decision of 29 April 2015 was superseded by subsequent renewals, the application was moot, hence irreceivable.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.
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 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 found that the application was not receivable rationae materiae and rejected it.
The Application is not receivable pursuant to arts. 8.1 and 8.4 of the Tribunal¡¯s Statute and in accordance with the Appeals Tribunal¡¯s ruling in Terragnolo 2015-Ä¢¹½ÊÓÆµAT-517. Therefore, it is not necessary for the Tribunal to consider the merits of the case. Given the nature of the defects in the pleadings prepared by her Counsel, including the failure to observe basic legal and procedural requirements within the United Nations regulatory framework and Staff Rules, Counsel may wish to review the bill of costs, if any.
Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant¡¯s post. The Respondent¡¯s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence ¨C In considering the Respondent¡¯s prayer with regard to the admissibility of Annex 13, the Tribunal...