Â鶹APP

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties¡¯ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties¡¯ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

Competence of decision-maker: Competence of the decision-maker is a cornerstone of the legality of an administrative decision. When the exercise by the Administration of its discretionary power is under judicial review, any lack of authority leads inevitably to the rescission of the contested decision.As this is an essential element for the legality of the contested decision, the authority of the decision-maker has to be assessed by the Tribunal on its own motion, regardless of the parties¡¯ views at any stage of the administrative and judicial proceedings.Delegation of authority: Exclusions...

The inherent jurisdiction of the Tribunal confers it with power to deal with contemptuous conduct and is necessary to safeguard its judicial functions. This power need not be defined in the Tribunal¡¯s Statute or in its Rules of Procedure. Willful disobedience of the Tribunal¡¯s orders is contempt and is a direct attack upon the jurisdiction of the Tribunal and its power to undertake the responsibilities with which it has been entrusted in its Statute by the General Assembly. UNON management while disregarding the authority of UNAT in Villamoran on the duty of parties to comply with...

Staff Rule 11.2(b) provides that a staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from technical bodies, as determined by theSecretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure taken pursuant to staff rule 10.2 following the completion of a disciplinary process is not required to request a management evaluation. Staff rule 11.2(b) exempts the necessity of a management evaluation in two sets of cases, namely, in cases regarding advice obtained by the Administration from...

The Tribunal agreed that the Applicant had had a legitimate expectation of promotion but found that the granting of SPA compensated him adequately in the circumstances. It is not possible for the Tribunal to order promotion from General Service to any other category as this has been specifically prohibited by the General Assembly. The Applicant¡¯s reliance on UNAdT 1169 Abebe was misplaced because in that case the Respondent was not granted a promotion, rather it found that Abebe was eligible for promotion. The distinction is important. However, the Tribunal did find that the Applicant was...

The Tribunal held that the decision to appoint a staff member to the post of Director/RIITD off the roster without consideration of the other candidates (including the Applicant) who had applied to the post was unlawful. It failed to give the Applicant full and fair consideration for the post and denied him due process. Roster based selection: The Tribunal noted that the General Assembly resolutions on human resources management reiterate the principle of transparency in the selection process and the need for vacancies to be advertised and held that there is no transparency in a process that...

The Tribunal concluded that the filling of the post by lateral transfer on the retirement of the incumbent was in breach of ST/AI/2003/8. Lateral transfer: The Tribunal held that as a lateral move is a discretionary measure, its use must be in accordance with the established procedural rules and must not be arbitrary or motivated by factors inconsistent with proper administration or based on erroneous, fallacious or improper motivation. The Tribunal concluded that the use of a lateral transfer in this case was an arbitrary use of the discretion conferred by ST/AI/2010/3 in light of the fact...

Testimony of anonymous witnesses: The Tribunal held that the testimony of witnesses whom the Applicant has not had the opportunity to confront in proceedings is not inadmissible per se. However, a decision adverse to a staff member in a disciplinary case may not be based solely on this. There must be some independent evidence that can confirm the anonymous testimony, especially where the staff member has not had a chance to confront the witnesses and therefore challenge any incriminating evidence they have given against the staff member. The Tribunal also held that the requirements of due...

The Tribunal finds, inter alia, that no international labour standards or the United Nation¡¯s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal¡¯s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...