Â鶹APP

Under the given circumstances, the application for an extension of time could not be considered as an application on the merits. No exceptional circumstances for an extension of time could be found. Lack of legal counsel normally does not constitute an exceptional circumstance. Since the Applicant had learned one month before the end of the time limit that OSLA would not take her case, it was appropriate and reasonable for the Applicant to submit an application by herself within the time limits.

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending...

The mandate of UNDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former UNAT are judicial decisions, they cannot be contested before UNDT. The provisions on transitional measures apply to pending UNAT cases only. They do not include the power to revise UNAT judgements. Cases closed by judgments of former UNAT are res iudicata.

i. Whether the Applicant¡¯s suspension of 26 May 2006 was lawful: The Tribunal found that the Chief of Security/UNON unilaterally and verbally suspended the Applicant in breach of the Staff Rules at that time. It was noted that such a decision could only be made by the Assistant Secretary-General, Office of Human Resources Management (ASG/OHRM) who was the properly delegated individual. Further, the Applicant was not given reasons for his suspension and the suspension was not made in conjunction with a charge of misconduct. ii. Whether the Applicant was lawfully placed on SLWFP: The Tribunal...

The Applicant¡¯s challenge of his non-renewal is not receivable as no administrative review of this decision was sought. The Respondent failed to reasonably exercise the discretion to withhold or modify the Investigation Report (and Executive Summary). The parties will be directed to make submissions on appropriate relief.

Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with General Assembly resolution 63/253 which intentionally limited the Tribunal¡¯s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member. The applicant¡¯s references to provisions of the Charter of the Â鶹APP are without merit in this respect.

Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with the General Assembly¡¯s resolution 63/253 which intentionally limited the Tribunal¡¯s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member.

While the change of the country of home leave referred to in ST/AI/367 is stated to be permanent, it is not unconditional, but subject to the Secretary-General being satisfied of the three specified conditions, which include its consistency with the purposes and intent of staff regulation 5.3.Former staff rule 105.3 gave internationally recruited staff the opportunity to take home leave to visit their home country at UN expense. Providing staff rule 105.3 (d) that the country of home leave shall be the country of the staff member¡¯s nationality, the logical corollary is that if a staff member...

According to the available record, the applicant never received a letter of appointment and no such letter was ever signed by an authorized official. He did not, therefore, become a staff member of the Â鶹APP within the meaning of article 3, paragraph 1, of the UNDT Statute. It follows that the applicant has no access to the system of administration of justice in its present state. It is noted that the General Assembly has requested the Secretary-General to investigate the option of granting access to non-staff personnel. Outcome: the application was rejected.

The contested decision was linked to the decision to bar the applicant from entering the VIC in October 1999, when he was no longer a staff member of UNOV. Hence, the decision to deny his counsel access to the applicant¡¯s OSF did not affect and could not have affected his terms of appointment. The application was thus neither receivable before the UNAT nor before the UNDT. Outcome: The application was rejected.