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Section 3.2 of ST/SGB/2008/5 imposes a “duty” on the Administration “to take all appropriate measures” with a view to “promot[ing] a harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct”, but very limited statutory guidance is otherwise provided in the provision on what such measures could be in practice. The only example, at least as relevant to the present case, appears to be that “complaints of prohibited conduct are promptly addressed in a fair and impartial manner”. A search of the Appeals Tribunal’s jurisprudence reveals that the...

Since the selection process did not yield a selection list, the Tribunal found that there was no administrative decision for the Applicant to contest. In the circumstances, the application was dismissed in its entirety as it was not receivable ratione materiae.

The Tribunal dismissed the application as irreceivable. The Applicant had requested the Tribunal to order a rescission of the decision to permanently withdraw his MINUSCA’s driver’s permit. The Tribunal noted that this request had been satisfied by the Administration. The relief having been fully granted, there was no longer a justiciable matter before the Tribunal, thus rendering the application moot.

Receivability The contested decision, i.e., the decision taken by the Director, ID, OIOS, not to rearrange the Applicant’s reporting lines is an administrative decision. In fact, reporting lines relate directly to the core of the employee-employer relationship and have an impact not only on the daily functions that the staff member performs but, also, on its evaluation and future career prospects. Hierarchy and reporting lines are an essential part of a complex normative framework for performance management, namely ST/AI/2010/5, and impact directly the staff member’s terms of employment...

An inordinate delay in the rebuttal process of an appraisal may be a receivable ground for contesting an administrative decision, but is not an administrative decision, unless the Applicant demonstrates that it had, by itself, a direct and negative impact on a staff member’s conditions of service. Thus, the Applicant needed to show that the delay in conducting the rebuttal process on her rating “partially meets performance expectations”, by itself, had a direct and negative impact on her conditions of service. In this regard, the Applicant claimed that this delay negatively affected her...

The fact that the Applicant was a staff member of UNOPS when he applied for these contractor positions is not relevant to appreciate the receivability of the Applicant’s claims since, in the four instant cases, he contests four decisions not to select him on non-staff positions.

Decision 1 – the Tribunal held that the Applicant failed to substantiate his claims of a flawed process and improper motives that led to his separation from service. The Tribunal concluded that the Applicant knowingly assumed the risk of not being able to secure another assignment or position before the expiration of his FTA on 31 March 2016 when he declined the offer to be recommended for the regular budget position in Rabat as well as declined the extension of his temporary assignment. Decision 2 – the Tribunal concluded that the Respondent failed to follow proper procedure for the placement...

Concerning receivability ratione temporis, the Tribunal found the applications receivable ratione temporis in view that 1) it did not process the Applicants’ 2014/2015 motions for extension of time, thus did not include in its March and June 2015 adjudication of similar cases and 2) in light of UNAT’s reversal of the UNDT’s March and June 2015 judgments. Concerning receivability ratione materiae, the Tribunal considered the fact that the Applicants did not request management evaluation on the grounds that the decision had been taken by a technical body. In this connection, the Tribunal noted...

The Tribunal dismissed the application. The Tribunal found that the contested decision was rescinded promptly after its issuance. In fact, the main claim of the application was rendered moot even before the commencement of the proceedings before the Tribunal.

The Tribunal held that the Application was moot and irreceivable. The Tribunal observed that it had acquired ex officio knowledge that the Applicant had been separated from service on the grounds of abandonment of post. The Tribunal acquired this knowledge from Case No. UNDT/NBI/2018/105 that was also filed by the Applicant. In the circumstance, the Applicant was no longer a staff member and her request to be transferred to a duty station where the supply of electricity was stable or to grant her an agreed termination of the appointment had been overtaken by subsequent events rendering the...