Ä¢¹½ÊÓƵ

The Tribunal found that, in the present case, there is no dispute that the decision was unilaterally made by the administration and that it involved the exercise of a power or the performance of a statutory instrument. The dispute is on whether the decision adversely affected the rights of the Applicant and produced direct legal consequences.

The Tribunal found that the Applicant¡¯s argument that ¡°Ä¢¹½ÊÓƵOPS not only decided to charge [him], but also to maintain him in an indefinite status of ¡°charged person,¡± leaving him indeterminately prosecuted; since as¡ªat the time of the Application¡ªhe had...

The Tribunal was unpersuaded by the Applicant¡¯s claim that his participation in the Staff Day activities was ¡°essentially private conduct not involving [United Nations] resources¡± or that this was ¡°essentially a voluntary, social event¡±. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely ¡°generic obligations¡± but are specifically intended to apply ¡°in all matters affecting [a staff member¡¯s] work and status¡±. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s conclusion on the receivability of the application but suggested that the Ä¢¹½ÊÓƵDT should have applied a different methodology for determining it.

The Ä¢¹½ÊÓƵAT held that the staff member did not have standing before the Ä¢¹½ÊÓƵDT regarding claims made in his former capacity as an individual contractor, and thus this claim failed on ratione personae grounds. The other claims made in his former capacity as staff member failed on ratione materiae grounds. He failed to prove that a specific request had been made to the Administration for certification of service. Absent any...

The Applicant having failed to establish any illegality, procedural irregularity, bad faith or improper motivation in the Respondent¡¯s taking of the decision not to accept her request to withdraw her resignation, the application had to fail.

Had the Respondent not exercised his discretion to reject the Applicant¡¯s request to withdraw her resignation, he would have been compelled to rescind selection decisions already communicated and accepted by three other staff members. This would have constituted a breach of the employment contracts of the three staff members. This breach would have...

The Ä¢¹½ÊÓƵAT interpreted the application as a request for a correction of the previous Ä¢¹½ÊÓƵAT judgment.

The Ä¢¹½ÊÓƵAT noted that the case file of the former United Nations Administrative Tribunal revealed that the President of that Tribunal had extended the deadline for filing the appeal but a copy of that decision had not been placed in the file submitted to the Ä¢¹½ÊÓƵAT. The Ä¢¹½ÊÓƵAT observed that it had rendered its judgment to reject the appeal, without being aware of the President's decision.

The Ä¢¹½ÊÓƵAT found, however, that the staff member's appeal was received by the United Nations Administrative Tribunal...

The Ä¢¹½ÊÓƵAT, citing the principle of res judicata, noted that the authority of a final judgment could not be so readily set aside. The Ä¢¹½ÊÓƵAT held that the limited grounds and the gravest of reasons required for setting aside a final judgment by an appellate court are not met in this case.

The Ä¢¹½ÊÓƵAT found that, as the staff member also acknowledges, the current request fell outside of the permissible grounds for revision, correction, or interpretation.

The Ä¢¹½ÊÓƵAT decided that there were no grounds for it to review this matter in any way, dismissed the staff member's application and affirmed the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT was correct to find that there was clearly sufficient evidence to support the Administration¡¯s conclusion that the staff member¡¯s performance only partially met expectations, and that this concern was communicated to him. Although the Rebuttal Board¡¯s confirmation of the rating, and the preparation of a second short-term performance appraisal occurred after the non-renewal was taken, the Ä¢¹½ÊÓƵAT concluded that these reviews nonetheless confirmed that management¡¯s prior informal evaluation of the staff member¡¯s performance was not arbitrary but was instead well-based...

Mr. Ronved appealed.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.? The contested decision before the Ä¢¹½ÊÓƵDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the Ä¢¹½ÊÓƵDT.? The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.? Therefore, the request for management evaluation of both decisions was...

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for anonymity as the issue presented in his appeal was purely procedural and jurisdictional and did not involve any personal data which had to be protected.

The Ä¢¹½ÊÓƵAT also denied the Appellant¡¯s request for an oral hearing, finding that that it would not assist the Appeals Tribunal in the expeditious and fair disposal of the case.

The Ä¢¹½ÊÓƵAT held that because the Appellant filed his application 93 days after the receipt of the contested administrative decision, it was not receivable, absent waiver of the deadline of the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT observed that given...

The Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General.

The Ä¢¹½ÊÓƵAT held that the administration of the written security affairs exam in the present case had not met the minimum standards detailed in Chhikara. The Ä¢¹½ÊÓƵAT noted that the Administration had first administered the test, analyzed the results, and only then had decided that certain questions should be eliminated from consideration. The Ä¢¹½ÊÓƵAT found that the unannounced and ex post deletion of questions from the written examination, after it had already been marked, on its very face violated the obligation to administer the test in a...