Â鶹APP

UNDT noted that the procedure to be followed for the given position to be re-titled and re-classified had not been completed by the time the Applicant submitted her request to the UNDT. UNDT concluded that no administrative decision had yet been made by the time the request for suspension of action was submitted to UNDT and considered by same. UNDT therefore held that the request had to be considered inadmissible, nothing preventing the Applicant from contesting the forthcoming decision.

Transferred JAB cases are governed by the UNDT Statute. Decisions of the Administrative Tribunal on exceptional circumstances are wrong and should not be followed. Ignorance of the law held not relevant. Where the UNDT Statute is ambiguous, interpretation should preserve rights and uphold justice so far as the language permits. Outcome: The appeal was submitted within time and is receivable.

The Applicant can only challenge the decisions before the Joint Appeals Board and subsequently before the judge only the decisions for which she requested a management evaluation.
Since, neither in her introductory application nor in subsequent briefs or orally at the hearing, the applicant made explicit reference to the arguments contained in the request for management evaluation. The judge limits himself to examining the arguments expressly raised.
The refusal of the hierarchical superior to propose a staff member for promotion is an administrative decision that can be challenged. In the...

The High commissioner is not bound to follow the recommendations of the Appointments, Promotion, and Postings Commission, but he cannot grant a promotion without the situation of the eligible official having been examined by the Commission. It is for the Administration to establish a list of promotions based on regulations put in place in order to reconcile the imperatives for advancement based on merit and that of gender balance and, if necessary, by introducing quotas. Failing to have such regulations in place, the Administration must apply the regulation in force. It is up to the...

The application was withdrawn by the Applicant in light of a settlement agreement.

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant.

In view of the informal resolution of the dispute and the withdrawal of the application, there is no longer any matter for adjudication before the Dispute Tribunal and the case is closed.

The more serious an allegation against a staff member and attendant sanction, the higher the degree of proof required. Establishing criminal liability in investigations and judicial proceedings even in the context of a civil matter such as this must necessarily require that a standard higher than the ordinary one of a balance of probabilities must be attained. The OIOS Investigations Manual requires that investigators approach matters with an ¡°open mind¡± and emphasises that their task is to ¡°establish facts¡± and draw ¡°reasonable conclusions¡± from those facts. It is a ¡°dispassionate...

In accordance with former staff rule 111.2 (a) (i), the Applicant had only one month as of the receipt of the Secretary-General¡¯s reply to submit an appeal to the JAB. The Tribunal noted that the Applicant received the reply to her request for review on 31 January 2008 and that the JAB received her appeal only on 31 March 2008. Hence, the Tribunal considered that the Applicant¡¯s appeal was late. The Tribunal examined the record of facts and concluded that no exceptional circumstances existed, which may justify a waiver of the time limits for the submission of the statement of appeal to the JAB...