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Applicant¡¯s request for a swap of posts and for priority consideration: The Tribunal¡¯s Statute does not authorize it to issue such orders to the Administration. Applicant¡¯s request for an internal review of UNDSS: The Tribunal¡¯s mandate is to enforce the individual rights of applicants; it does not behove the Tribunal to oblige the Administration to remedy problems it may identify in the functioning of the Organization. Applicant¡¯s request for determination of individual responsibilities: Assuming the Applicant intended to rely on article 10.8 of the Tribunal¡¯s Statute, such article allows the...

While finding that there had been a procedural flaw in the FOPA evaluation, inasmuch as the Applicant had been denied a rebuttal, the Tribunal considered that there was not causal effect between this flaw and the non-renewal decision, noting that the contested decision refers only to the third and last appraisal, which was made in accordance with the applicable rules. Resolution 59/296 and reappointment of 300 series staff members under 100 series: The said resolution authorises the Secretary-General to reappoint staff members holding an appointment under the 300 series of former Staff Rules...

The Tribunal raises on its own motion the question of the receivability ratione materiae, namely whether the OIOS decision was an appealable administrative decision. On the merits, it finds that the OIOS decision is lawful. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass judgment on an application, including whether the contested decision is an...

The Tribunal found that the OIOS decision was an appealable administrative decision but that the application was time-barred. Force of JAB conclusions and recommendations: The Tribunal is not bound by the conclusions and recommendations of the Joint Appeals Board, which is only a consultative body. Tribunal¡¯s obligation to raise on its own motion issues related to its competence: Before ruling on the legality of a decision, the Tribunal must examine on its own motion¡ªthat is, even if the issue was not raised by the parties¡ªwhether it is competent, pursuant to its Statute, to hear and pass...

The Tribunal finds that both appraisal processes are tainted with procedural flaws. The first performance appraisal did not result in new ratings being given by the rebuttal panel. The second performance appraisal was based in part on the earlier assessment and it did not give sufficient time to the Applicant to improve his performance. Though the Administration is not bound to apply administrative instruction ST/AI/2002/3 to evaluate the performance of 300 series staff members, once it has decided to apply the administrative instruction, the latter must be fully complied with. In the present...

The Tribunal finds that the decision to summarily dismiss the applicant is not tainted by any irregularity, that the facts are established, that they amount to misconduct and that the sanction of summary dismissal is proportionate to the seriousness of the misconduct. UNDT jurisdiction: The Tribunal has no power to compel a person external to the Organization to appear before it as a witness. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine whether the procedure followed was regular, whether the facts in question are established, whether...

Exceptional circumstances: Circumstances beyond the control of the applicant that prevented him/her from submitting an appeal in time.

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The High Commissioner was not bound to follow the APPB recommendations. He was able to legally...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. While the Tribunal can only examine the legality of a decision which has been subject of a request...

A decision which has not been the subject of a request for a management evaluation cannot be contested before the Tribunal. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt...

As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The lack of transparency alleged by the applicant is a general argument which, to be retained, must...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances.As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member¡¯s career. Under the principle that...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member¡¯s career. Under the principle that...

The UNDT Statute, which is superior in the hierarchy of norms to the Staff Rules, states that an applicant should file an application within 90 days following the expiry of the 45-day period for the management evaluation if the Administration has not replied to his/her request. If the Administration replies after the 45-day period but before the expiry of the 90-day period, a new 90-day period to contest a decision before the Tribunal starts to run. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the...

The Tribunal found that the appeal against the first decision was both time-barred and without merits, and that the appeal against the second decision was time-barred. The Tribunal further concluded that the respondent had properly exercised his discretionary authority in deciding not to refer the investigation panel¡¯s findings to the ASG/OHRM. Confirmative decisions: When a staff member repeats the same request to the Administration, only the first decision denying it is subject to appeal and the time limits for appeal start running from that first decision. Subsequent refusal decisions are...

The Tribunal found that both the decision to remove the applicant from her post and the decision to place her on SLWFP constituted a proper exercise of the Secretary-General¡¯s discretion pursuant to former staff regulation 1.2 (c) and former staff rule 105.2 (a), respectively. However, the Tribunal also considered that keeping the applicant on SLWFP for four years and four months breached staff rule 105.2 (a), as it did not serve the interests of the Organization. The Tribunal further found that this breach had caused the applicant moral injury for which she should be compensated. Disguised...

The Tribunal found established the facts of which he was accused and considered they constituted misconduct, no irregularity was identified in the procedure and the sanctions were not deemed disproportionate. However, unlike the written censure and demotion, the prohibition of promotion for a certain period of time was not among the range of disciplinary measures foreseen in former staff rule 110.3 (a), which rendered its imposition unlawful, pursuant to the principle nulla poena sine lege. Hence, the said sanction was rescinded and CHF1000 granted as compensation for the loss of chances...

The judge must raise on his/her own motion the issue of receivability of an application and in particular verify whether the requirements of former staff rule 111.2 (a) have been complied with since the request for review of an administrative decision is a mandatory prerequisite for filing an appeal before the UN Dispute Tribunal. The absence of the request for review leads to the irreceivability of the application (see judgments UNDT/2010/158, Osman; UNDT/2009/070, Planas; UNDT/2009/054, Nwuke; UNDT/2009/035, Caldarone). The Tribunal¡¯s competence is limited, pursuant to art. 2.1 (a) of the...