Â鶹APP

Procedural issues Respondent¡¯s challenge to the admissibility of certain documents Art. 18 of the Tribunal¡¯s Rules of Procedure contains the set of norms applicable to evidence. However, except for article 18.6, there is no specific provision in relation to admissibility of evidence based on recordings made without consent. The Tribunal finds that the transcript of a meeting the Applicant recorded is not admissible in the proceedings because it is tainted by the fact that one of the participants at the meeting was not aware that the meeting was being recorded. The Applicant cannot make use of...

The Tribunal has chosen to proceed by way of a judgment on receivability as it is competent to raise the issue of jurisdiction sua sponte. Recalling that the Applicant only filed his application in June 2020, the Tribunal finds that his challenge against the 2013 decision is not receivable ratione temporis. In the absence of a request for management evaluation, the Tribunal cannot but find that the Applicant¡¯s challenge to the 2018 and 2019 decisions is not receivable ratione materiae.

The Applicant does not question whether this presentation of the applicable law is comprehensible, but rather intends to reargue his case that the contested selection processes were unlawful. As the Tribunal further finds that paras. 14 to 17, as well as the remaining parts of Judgment No. UNDT/2020/075, are straightforward and easy to understand.

The Tribunal reviewed the application and found that it was not receivable ratione temporis. The Tribunal noted that while the Applicant contested four decisions that took place in 2014 and 2015, she only filed an application with the Tribunal in January 2020, that is around five years later. The record showed that the Applicant requested management evaluation of the contested decisions on 30 January 2020. She received a response on 31 January 2020 informing her that her request was time-barred. The same day, she filed an application before the Tribunal. In accordance with art. 8.4 of the...

The Tribunal reviewed the application and found that it was not receivable ratione temporis. The Tribunal noted that while the Applicant contested a decision that took place in late 2010, she only filed an application with the Tribunal in January 2020, that is almost nine years later. The record showed the Applicant requested management evaluation of the contested decision on 30 January 2020, and she received a response on 31 January 2020, informing her that her request was time-barred. The same day, she filed an application before the Tribunal. In accordance with art. 8.4 of the Tribunal¡¯s...

The Tribunal reviewed the present application and found that it was not receivable ratione temporis and ratione personae. In accordance with art. 8.4 of the Tribunal¡¯s Statute and art. 7.6 of its Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant¡¯s receipt of the contested administrative decision. The Applicant clearly indicated in her application that the contested decision dated back to 2010 and, in such circumstances, her application was not receivable ratione temporis. Furthermore, the Tribunal observed that while the...

The alleged failure to protect the Applicant from further retaliation is not a contestable administrative decision as it does not have legal consequences on his terms of employment. Therefore, this part of the Applicant¡¯s case is not receivable. The Ethics Office¡¯s recommendation only required that ¡°efforts be made¡±, in consultation with the Applicant, to transfer him to either a position in the specialized units in his section or to another position in his department. According to the recommendation, the Applicant had no right to be transferred to a position outside his section. The Ethics...

The Tribunal found the application receivable because the Applicant was not relitigating the same claim that was dismissed by Judgment No. UNDT/2019/122. The Tribunal concluded that Judgment No. UNDT/2019/122 related solely to the Applicant¡¯s challenge against MONUSCO¡¯s decision to abolish his post by way of a ¡°dry cut¡± and not to extend his fixed-term appointment (FTA) and that this judgment made no pronouncements, whether procedural or substantive on the Applicant¡¯s claim for a termination indemnity. In the absence of an explicit decision/evidence corroborating the Applicant¡¯s assertion that...

The Respondent requested the Tribunal to redact the names of the victim and her family from ¡°any public filings in this case¡±. The Tribunal considered the request reasonable and decided to refrain from using the victim¡¯s name as well as the name of the members of her family in its judgment to preserve their privacy and to protect them from any negative repercussion. Based on the evidence on file, the Tribunal found that the facts on which the disciplinary measure was based had been established by clear and convincing evidence. Since the Applicant had been working for the Organization since...

The Tribunal found that the provided reason for not renewing the Applicant¡¯s appointment was not properly based on facts and, consequently, that the contested decision was unlawful. To determine remedies, through a subsequent judgment, the Tribunal instructed the parties to file final submissions on the matter taking into account its findings in the instant Judgment.