Â鶹APP

The Tribunal finds that none of the applicable provisions prevented the renewal of fixed-term appointments for a period of less than a year. It further finds that the alignment policy was properly issued and rejects the Applicant¡¯s allegations of improper motives and discrimination. Terminology: renewal/extension: The wording of staff rule 4.12 and 4.13 shows an undifferentiated use of the terms ¡°renewal¡± and ¡°extension¡±. Delegation of authority: A delegation of power should not be guessed at or presumed. Organizational measure: A policy which consists, for a UN Secretariat office away from...

The Respondent appeared to have a good reason for cancelling the Applicant¡¯s leave. That having been said, however, the manner in which the Applicant was informed of that decision could have been done in a much better way. Considering the fact that the Applicant¡¯s supervisor had only three days earlier, on 9 August 2011, approved his leave, his one-line directive cancelling the Applicant¡¯s leave was not only callous and dismissive but most insensitive. This managerial shortcoming does not, by itself, render the decision prima facie unlawful.Although some harm is caused to the Applicant in...

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal¡¯s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually...

The Tribunal recalled that the burden of proof lay on the Applicant and there was nothing on record to show that the contested decision was made on the ground of improper motives against the Applicant. On the contrary, it found that OCHA had acted in good faith.

An application for a suspension of action is in the nature of an injunction, the purpose of which is to maintain the status quo between parties until the order lapses. Article 10 of the UNDT Statute states in no uncertain terms that there is no appeal against such an order. The Tribunal stated that the Â鶹APP Appeals Tribunal (¡°UNAT¡±) had opened the door to an appeal against a Suspension of Action (¡°SOA¡±) decision by stating that the prohibition to an SOA appeal against a decision was an exception. UNAT meant thereby that it would be left at the discretion of the UNAT whether an appeal...

The Tribunal found: that the Applicant had established a case of prima facie unlawfulness; that the element of urgency was met and the harm suffered to the; Applicant¡¯s reputation and career prospects if the decision was implemented could not be adequately compensated by monetary damages.

Receivability: In light of the Respondent¡¯s own arguments in this case, it should have been clear that the decision taken clearly falls within the type of decisions contemplated by art. 2.1 of the Tribunal¡¯s Statute. This Tribunal has moved toward a less rigid and more purposive interpretation of what constitutes an administrative decision and parties should not fail to take into account the developing case law of the Dispute Tribunal and the Appeals Tribunal. Incomplete applications: There may be cases where an application for sabbatical leave, while formally containing the documents and...

The Tribunal finds that the restructuring constituted a valid exercise of the Respondent¡¯s discretionary authority, that the Applicant¡¯s post was not abolished as he was in fact reassigned against the same budgeted post, and that his reassignment was lawful. Definition of a ¡°post¡±: A ¡°post¡± may be defined as the financial authorization given for a job to be performed, irrespective of the fact that it may be funded through budgetary or extra budgetary sources. Discretion of the Secretary-General in the organization of work: The Secretary-General enjoys broad discretion in the organization of...

Outcome: The Tribunal found that the Secretary-General acted properly within his broad discretion in deciding to take no action in relation to the Applicant¡¯s appeal against the non-renewal of his fixed-term appointment, and the appeal was dismissed.

Under art. 16(3) of the ICTR Statute, the Registrar of the ICTR is an Assistant Secretary-General. In his position as head of administration, he has the authority to make decisions on behalf of the Secretary-General in relation to the administration and operations of the ICTR. It was the Tribunal¡¯s finding that the Applicant had addressed his request for an administrative review to the ICTR Registrar, who was the person with the power to either review it on behalf of the Secretary-General or to forward it to the appropriate officer, within the applicable time limits. The Applicant had in...