The Tribunal found that the Applicant had not established that she fit in any of the three categories enunciated in the Statute. She could not sue as a staff member because she was not, and she could not sue as a former staff member because the claim had no relation to her contractual status. The Tribunal having found that the Applicant was not the decedent’s widow, she was not entitled to the benefits in any capacity. The Applicant had no standing ratione personae.
The present matter can be determined on a priority basis without first transmitting a copy of the application to the Respondent for a reply as provided for in art. 8.4 of the Tribunal’s Rules of Procedure. There is no nexus between the Applicant’s former employment and the contested decision. Accordingly, the Applicant does not have standing and the application is not receivable ratione personae. Having filed the application pending the response of the management evaluation and prior to the expiry of the relevant response period, the Tribunal is not competent to hear the matter at issue. The...
Regardless of the source of information published in public articles, the decision to issue a press release in response to publications falls, as a matter of principle, within the discretion of the Organization and is a managerial prerogative. Organizations subject to a high level of public scrutiny, which is the case of the UN, have a right to respond to public allegations and to defend their interests, their image, and, ultimately, their work within the boundaries set by their internal law. In the current case, the Tribunal needs to assess if the content of a press release impacted the...
UNDT noted that the Applicant did not assert any right acquired in terms of his previous contract of employment with the Organization. UNDT held that there was no nexus between the Applicant’s former employment and the contested decision. UNDT held that the Applicant did not have standing and that the application was not receivable ratione personae. UNDT rejected the application in its entirety.
At the time of the management evaluation, the contested decision had not been implemented and, therefore, had not had any impact on the Applicants’ terms of employment. The contested administrative decision did not, therefore, constitute a reviewable administrative decision.
UNDT held that the application was not receivable both ratione personae and ratione materiae because at the date of the filing of the present application, the Applicant was not a staff member and the contested decision had no bearing on her status as a former staff member or otherwise breached the terms of her former appointment or contract of employment. UNDT rejected the application in its entirety.
UNDT found the application materially receivable as it concerned a decision that was appropriately the subject of judicial review. UNDT found that the decision to reassign the Applicant rather than place her on administrative leave, was taken balancing her best interest with those of the Organization. These reasons were supported by evidence. The Tribunal further held that the Applicant failed to meet her burden of proving any improper motive, irregularity or unlawfulness on the part of the Respondent in the decision to re-assign her duties. UNDT therefore held that the presumption of...
Not only is it the duty of every member of the 麻豆APP personnel to cooperate with the Internal Justice System, but also it is particularly important for senior leaders of the Organization to lead by example. There is no evidence that a selection decision had been made in the first selection exercise before it was cancelled. The cancellation was based on facts supported by evidence and, therefore, it was lawful. The Applicant’s allegations of ulterior motive have no bearing on the decision to cancel the first selection process because the reasons given were lawful. The Applicant’s claim...
Considering that the Tribunal’s competence is a matter of law, which may be adjudicated even without serving the application to the Respondent for reply and even if not raised by the parties (see Gehr 2013-UNAT-313; Boutroue UNDT/2014/048), the Tribunal deems it appropriate to decide on the present application by way of summary judgment, as provided for in art. 9 of its Rules of Procedure. The Applicant does not contest an administrative decision taken by the Secretary-General as the Chief Administrative Officer of the 麻豆APP. Moreover, the Tribunal considers that WFP is not one of the...
