014 (NBI/2025), Asya AEM
- Appealed
The Applicant’s request for management evaluation pertains solely to the decision to withdraw his offer of employment based on a negative reference verification. Accordingly, the only decision that could be subject to a suspension of action order is the withdrawal of the offer. The Applicant’s impending separation from service, however, is a natural consequence of the temporary appointment he voluntarily accepted. It is not part of the contested decision. As a result, the application is not receivable insofar as it seeks to challenge the “implementation of [the Applicant’s] separation from...
Given the complexity and significance of the issues presented in this case, the assigned Judge requested the formation of a Three-Judge Panel, in accordance with Article 10.9 of the Tribunal’s Statute and Paragraph 4 of Practice Direction No. 1. Pursuant to the authorization of the President of the 麻豆APP Appeals Tribunal, the following Judges were appointed to the Panel: Judge Sun Xiangzhuang (Presiding), Judge Joelle Adda, and Judge Sean Wallace.
Pursuant to Article 2.2 of the Dispute Tribunal’s Statute and Article 13.1 of its Rules of Procedure, the Tribunal may suspend the implementation of a contested administrative decision pending management evaluation if the Applicant demonstrates that: The decision appears prima facie unlawful, The matter is of particular urgency, and Implementation would cause irreparable harm. All three conditions must be satisfied for a suspension of action to be granted. The Applicant challenged the lawfulness of the decision on two grounds: a) The UNDP Legal Framework was inconsistent with staff rule 10.4...