Â鶹APP

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...

Motion for extension of time was refused. Abuse of process of the Tribunal.

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...

The contested decision was prima facie unlawful for the following reasons: i) there was a promise of renewal by the officer-in-charge that created a legitimate expectation of renewal, which placed on the Respondent a duty to consider whether it was not in the interest of the organisation that the expectation of the renewal of the employment should be fulfilled; and ii) the decision not to renew the contract of the Applicant appeared to be in breach of the Organization¡¯s Rules and amounted to an abuse of discretion. On the question of urgency, the Applicant had been informed that his contract...

The decision not to renew the Applicant¡¯s contract was prima facie unlawful because it appeared to be in breach of the Organization¡¯s Rules and in breach of international legal norms relating to due process. On the question of urgency, the Applicant had been informed that his contract would be terminated on 3 September 2009. Notwithstanding that it had allegedly been agreed that the contract would be extended after 3 September 2009, the matter was still urgent because this was not the first time that this particular strategy had been used by the Respondent towards the Applicant. Having...

The Applicant filed a motion for interim measures requesting that the Tribunal order the Ethics Office to deliver recommendations on his case with respect to whistle-blowing retaliation; and to find a prima-facie violation of the Applicant¡¯s due-process rights concerning the non-renewal of his fixed-term contract with UNDP. The Tribunal rejected the motion to order the Ethics Office to deliver its recommendations and decided that the alleged violation of the Applicant¡¯s due process rights concerning the non-renewal of his fixed-term contract would be addressed during the review of the...

The P-11 clearly states that any misrepresentation or material omission made on a P-11 or other document requested by the Organization renders a staff member of the Â鶹APP liable to termination or dismissal. The Applicant deliberately submitted a P-11 misrepresenting his educational background and submitted a certificate which he knew to be forged. Therefore, UNHCR decision to summarily dismiss the Applicant was well-founded.

The jurisdiction ratione materiae conferred on the Tribunal is set out in Article 2.1(a) of the Statute of the Â鶹APP Dispute Tribunal. Given the nature of the decisions taken by the administration, there cannot be a precise and limited definition of such a decision. What is or is not an administrative decision must be decided on a case by case basis and taking into account the specific context of the surrounding circumstances when such decisions were taken. This is an administrative decision related to the applicant¡¯s contract of employment and is therefore receivable.

The advertisement of a vacancy announcement is an action in rem, not in personam. In the present case, the Applicant failed to prove that the failure on the part of the Respondent to advertise the total number of posts to be filled in the vacancy announcement was a material error which violated his rights. With respect to the various allegations of discrimination, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the selection system at stake, the Applicant failed to prove his pleas

Conclusion on the duration of the suspension: ¡°the length of the suspension is to be decided by the Tribunal depending on the nature and circumstances of the case and this discretion of the Tribunal cannot and should not be subject to any form of control by the administration¡±. The decision ordered on 1 September 2009 that the suspension of the contested decision to terminate the employment of the Applicant on 3 September 2009 would remain in force until the final determination of the appeal should be read as it appears and that the Applicant should be paid half his salary from the date of the...