Respondent’s Counsel filed a motion seeking an extension of the time limit to file the Respondent’s reply on several grounds, including exigencies of service. The Respondent was enjoined to submit a proper application requesting that he should be allowed to take part in the proceedings. The determination of whether he was going to be authorized to file a reply was going to be taken in the light of the Respondent’s motion.
The application was not receivable under article 13 of the UNDT Rules of Procedure because at the time the application was filed, there was no management evaluation pending. It was only on 21 October 2009 that the Tribunal received a copy of the request for management evaluation of the decision of 5 October 2009. The application was not receivable under article 14 of the UNDT Rules of Procedure because the administrative decision dated 5 October 2009 to fill the post related to an appointment and could not be the subject of interim relief in view of the exception contained in article 14...
The Applicant addressed a letter dated 29 May 2009 to the Secretary-General requesting him to “reverse that decision” but no mention was made of the non-renewal of the Applicant’s contract because it was only on 30 June 2009 that the Applicant was informed that his contract would not be renewed beyond 30 September 2009. The Applicant sought to establish that he had in fact requested a review of the decision and referred to an email he had sent to the Registrar of the ICTR in which he informed him that he was contesting the decision not to renew his contract. That email was dated 27 April 2009...
The Applicant’s counsel registered his concerns about a potential conflict of interest, given that the Registrar of this Tribunal was involved, at least in part, in the decision making processes which form the substance of the present application. Counsel for the Applicant stated that he simply wished for his concerns to be recorded, but that he was not seeking a ruling on the issue. The Applicant’s concerns with regard to the potential conflict of interest on the part of the Registrar were noted. Notwithstanding the Applicant’s position that he was not seeking a ruling on the issue, the...
Where evidence is capable of establishing a likelihood of a connection between potentially extraneous considerations and a failure to obtain a renewal of a contract, summary dismissal is unlikely to be warranted. Where one party raises sufficient material suggesting a particular fact or facts and the other party has the sole means of refuting that inference, then an evidentiary burden to call that evidence will ordinarily arise so that a failure to do so will make it relatively easy for the other party to treat the fact as proven. Outcome: The motion for summary judgment was dismissed, without...
This judgment is confined to whether the applicant should have access to the report. The applicant was ordered be given access to the panel’s report, subject to an undertaking of confidentiality.
The time for requesting an administrative review runs from the date the administrative decision was received by the staff member. The respondent’s refusal to fulfill the three requests of the applicant resulted in three administrative decisions. Even though these decisions were connected to the letter of reprimand they did not reiterate matters contained in the letter of reprimand and they were motivated by events subsequent to that letter.Outcome: The applicant’s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.
Decisions made prior to 2 April 2009 are not excluded from being challenged before the Dispute Tribunal. Outcome: The application was held to be receivable and the motion to dismiss was denied. The instant case was also held to be exceptional, deserving of the waiver and extension of the time limits. The staff member was granted two weeks to file and serve a revised application.
The Dispute Tribunal may suspend or waive the deadlines for the filing of applications imposed by the Statute and Rules of Procedure, but may not suspend or waive the deadlines in the Staff Rules concerning management evaluation because this is the prerogative of the Secretary-General.The drafters of the Statute of the Dispute Tribunal intended that all applications to the Tribunal would be subject to the rules under which this Tribunal operates. Therefore, pursuant to Article 8.3 of the Statute, the Tribunal has no jurisdiction to extend the deadlines for the filing of requests for...
The Applicant filed the application for a stay of proceedings in her case pending the outcome of an on-going recruitment process to the vacant post. The motion for stay of proceedings was refused because it lacked merit. The application was struck out because the Applicant was inviting the Tribunal to act as “Big Brother” and constitute some kind of sword of Damocles over the head of the Respondent by keeping her case alive while the recruitment process was on and to possibly invoke it if she was not happy with the outcome of the exercise. This was an abuse of the Tribunal’s process. In...
