Â鶹APP

The fact that OSLA counsel have fulfilled in the past other functions within the Organization does not generally disqualify them from discharging their new duties. Outcome: Application rejected on the merits

Receivability/administrative decision: Preliminary decisions such as the choice of an appropriate basis for a staff member¡¯s performance appraisal do not have direct legal effects on his/her rights. They can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member¡¯s performance appraisal.Delegation of authority: A delegation of authority should not be guessed at or presumed. It must precede the taking of a decision and is not synonymous with retrospective rubberstamping.Classification of posts/generic job profiles: Section 2.2 of ST...

Scope of judicial review: It is the selection panel¡¯s role to assess the language skills of candidates. In this respect, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where the panel made a manifest error of assessment.Notification and legality of administrative decisions: Irregularities affecting the notification of an administrative decision have no effect on the legality of that decision since such legality must be assessed as at the date on which the decision was made and not based on later circumstances, such as the notification...

The Applicant requested the Tribunal to find that he suffered a prejudice equivalent to a 60% permanent loss of ENT functions and a 10% permanent loss of respiratory functions and to compensate him accordingly. He further requested the Tribunal to award him two years¡¯ net base salary as compensation for the prejudice suffered as a result of the Organization¡¯s failure to ensure the security and safety of its staff in Bagdad. The Tribunal found that the latter request was not receivable as it did not stem from a refusal decision by the Secretary-General, a decision which, in any event, should...

The contested decision was not, in itself, unfavourable to the Applicant since it did not prevent her from applying for the position again. The only decision which the Applicant would have had a legitimate interest in contesting, was the decision not to appoint her to the position she encumbered after its reclasification as Senior Career Management Assistant at the G-5 level. However, the Applicant did not contest this decision. The application was not receivable, since the Applicant did not have any legitimate interest in requesting the suspension of the decision to readvertise the position...

UNDT held that the application was irreceivable because the Applicant failed to submit his request for management evaluation in due time. UNDT rejected the application for suspension of action.

UNDT noted that the Applicant exceeded the mandatory time limit for requesting management evaluation of the contested decision. UNDT held that the application was irreceivable as time-barred. UNDT rejected the application.

UNDT nted that the Applicants¡¯ requests for management evaluation were submitted after the applicable deadline had already expired. UNDT noted that, while the Applicants were active and diligent in bringing their concerns and grievances to higher authorities, these actions did not constitute sending a request for management evaluation. UNDT held that the application for suspension of action was irreceivable as time-barred. UNDT rejected the application for suspension of action.

The Tribunal finds that the selection process was not flawed. Judicial review: In reviewing selection decisions, it is not for the Tribunal to substitute its own assessment for that of the selection panel, except where errors of fact or manifest errors in the assessment of the facts have been committed.Outcome: Application rejected on the merits

The Tribunal finds that the selection process was flawed but that the Applicant has not established a causal link between the irregularity and the harm he claims to have suffered. Assessing the legality of the contested decision: When the Administration decides to use a specific procedure, it is bound to fully comply with this procedure. Thus, if the Administration had determined that applications for a vacant position would be assessed by a panel of five members, all five panel members should have actually participated in the assessment, and the failure to comply with the procedure resulted...