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Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of relocation grant that the Applicant was entitled to and that this negatively affected the Applicant. This however was the subject of a settlement agreement between the parties. Further, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on relocation grant for temporary employees are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the UNDT Statute the Tribunal’s...

Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of relocation grant that the Applicant was entitled to and that this negatively affected the Applicant. This however was the subject of a settlement agreement between the parties. Further, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on relocation grant for temporary employees are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the UNDT Statute the Tribunal’s...

The UNDT found that the Applicant contested the decision not to renew his “tour of duty” with UNPOL, which was made by the Romanian Ministry of Internal Affairs. This was not an administrative decision made by the United Nations Administration, the Secretary-General or his duly delegated officers and, under art. 2.1 of the UNDT Statute, the application was not receivable. Further, the UNDT found that the applicant was not a staff member and therefore had no standing before the Tribunal. The application was dismissed.

The Tribunal found that the application was not receivable because the Applicant did not have standing to bring a claim in accordance with arts. 2 and 3 of the Statute of the Dispute Tribunal. The application was struck out as manifestly inadmissible.

Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that...

Receivability: The Tribunal concluded that the Applicant’s challenge to OHRM’s decision is not receivable because the decision was expressly reversed and rendered moot when the Department of Field Support completed its review of the Applicant’s case and determined that the Applicant met the remaining eligibility criteria for conversion to a continuing appointment. The Tribunal noted the general principle that where an impugned decision has been corrected by the Administration before a challenge to the Tribunal has been determined; it is in the power of the Tribunal to find that the challenge...

The staff selection system versus lateral moves: This Tribunal is of the view that, because secs. 2.1 to 2.3 of ST/AI/2010/3 refer to the selection system, including the roster, and sec. 2.5 refers to transfer, which is excluded from the scope of the staff selection system, in accordance with sec. 3.2(l), the hiring manager and the head of department must give priority and exercise their discretion firstly by implementing the roster system right from the beginning of it, deciding if any pre-approved candidate from the roster (who is reviewed and endorsed by a central review body and has been...

Receivability: The Tribunal considered that the contested decision was alleged to be in non-compliance with the Applicant’s terms of appointment and produced direct legal consequences adversely affecting the Applicants’ rights. The Tribunal found that the application was receivable.Whether there were procedural errors which breached the Applicant’s rights following the classification of the post at the G-5 level and, if there were, what consequences flowed from those procedural errors The Tribunal found that the Administration failed to comply with ST/AI/1998/9 in that it did not provide a...

The Tribunal granted the application in part as the reasons provided for the Applicant’s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant’s health). As relief, the Tribunal granted the Applicant’s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member’s and the Organization’s) that would have been paid to the United...