Judicial review in disciplinary matters: In reviewing disciplinary matters, where the facts are established and undisputed, the Tribunal is to examine whether the facts in question constitute misconduct and whether the sanction imposed is proportionate to the misconduct. In this regard, the Tribunal may not intervene in the exercise of the Secretary-General’s discretionary authority, except in cases of obvious absurdity or flagrant arbitrariness.
Decision affecting the applicant’s rights: Since staff members have the right to apply to other positions under the Staff Regulations and Rules, they are entitled to contest a non-selection decision and a fortiori a decision imposing an additional condition for appointment after having been selected. Such a decision does affect the staff member’s rights and is thus open to appeal.Lack of legal basis for the condition to renounce to permanent resident status: The General Assembly never endorsed the recommendations to approve the establishment of the condition that staff members must relinquish...
Confirmative decisions: These decisions do not re-open time limits for formal contestation.
Administrative decision: Measures taken on the basis of ST/SGB/2008/5 must not be considered as preliminary decisions that cannot be contested. The absence of a response to an Applicant’s specific requests may amount to an implicit administrative decision, if it has direct legal consequences on the Applicant’s rights as a staff member.
Receivability: Decisions by the Ethics Office are administrative decisions that are subject to appeal before the Tribunal, since they may directly affect staff members’ rights. A request for management evaluation has to be sought prior to the filing of the application and hence her request to regularize her application a posteriori could only be rejected, in accordance with staff rule 11.2, namely the required antecedence of the request for management evaluation to the application.
Identification of contested decisions: An application must properly single out each and every administrative decision that an applicant wishes to contest in a clear and concise manner, failing which the application could be deemed irreceivable. Nevertheless, the Tribunal has an inherent power to individualize and define the administrative decision impugned by a party and identify what is in fact being contested.Promises binding on the Administration: Where a staff member claims that he or she had a legitimate expectation arising from a promise made by the Administration, such expectation must...
Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine the issue of receivability. Receivability ratione materiae: By virtue of article 2.1(a) of the Tribunal’s Statute only administrative decisions, allegedly in non-compliance with the terms of appointment or the contract of employment, are appealable. In the instant case, the rejection by the Administration of the Applicant’s request to benefit from an enhanced separation package, despite the fact that he had not opted for it in due time, constituted an...
Receivability ratione temporis: The 60-day period specified in staff rule 11.2 to request management evaluation starts to run from the date of notification of a final decision. Applicable law: While annual leave entitlements are accrued on a monthly basis, the right to be compensated for accrued annual leave arises at the time when the staff member is separated from service. Thus, in assessing the lawfulness of a decision denying payment of annual leave, the Tribunal must take into consideration the provisions in effect at the date of the staff member’s separation from service.
Non-promotion: As regards promotions and considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed in sink with the procedural and legal framework of the 2009 蘑菇视频HCR annual promotions session, its methodology and to examine whether an irregularity vitiated a significant chance for promotion. The Applicant was not promoted due to the fact that at least 78 candidates had obtained a higher score during the evaluation process and no procedural irregularity with an impact on her status as well as a probability for promotion...
Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine on its own motion the issue of receivability even if the parties did not raise it.
