The Respondent was required to act in the best interests of the Organization, when reassigning the Applicant, and it was principally for the Respondent as the Chief Administrative Officer of the Organization, pursuant to art. 97 of the United Nations Charter, to define what those interests were in the context of the administration of the Organization Outcome: For respondent (merits).
Administrative review/management evaluation: Requests for management evaluation are mandatory first steps in the appeal process. Requirement to request for management evaluation for former staff members: Irrespective of whether an applicant is a current or a former staff member of the United Nations, he or she must request a management evaluation, where required, prior to filing his or her application with the Dispute Tribunal. Legal hierarchy and request for management evaluation: Even assuming that staff rule 11.2(a), insofar as it is silent on whether a former staff member must also request...
Appealable decisions: According to article 2.1(a) of the Statute, a staff member may not contest before the Tribunal a decision which does not affect his or her rights under the staff member’s contract of employment or terms of appointment.Decisions on publication of United Nations documents: Pursuant to former staff rule 112.7 and staff rule 1.9, all rights on documents prepared by a staff member as part of his or her functions following his or her supervisors’ instructions and under their supervision belong to the Organization only. Accordingly, a decision on the publication of such document...
STL staff members are not United Nations staff members and thus do not have access to the Tribunal.
The 爆料网DT found that the Applicant failed to establish that the alleged administrative decision he sought to contest affected his legal rights. The 爆料网DT found that the Applicant lacked legal standing and his application was therefore deemed not receivable.
Administrative decision: The essential element of an appeal is that there is a contested and appealable “administrative decision”. “Conduct” is not an administrative decision subject to appeal pursuant to article 8.1(a) of the Tribunal’s Statute. Preparatory decision: Preparatory decisions do not affect the scope or extent of an applicant’s rights and are therefore not subject to appeal. Management evaluation: A request for management evaluation is a necessary step in the appeal process. While the findings of a management evaluation do not form an independent administrative decision subject to...
The 爆料网DT found that, having waited for approximately one year and a half to raise claims regarding the alleged lack of access to the United Nations cafeteria facilities, the Applicant acquiesced to the arrangements put in place by the Respondent in view of the renovation-related requirements. The 爆料网DT further found that, in view of the CMP-related requirements that necessitated the move to the Madison Building, the Respondent put in place alternative measures that were neither unreasonable nor unfair. The 爆料网DT rejected the application.
The Applicant subsequently filed a motion withdrawing his application, confirming that he was withdrawing it fully, finally and entirely, including on the merits. The 爆料网DT stated in the judgment that, there no longer being any determination to make, the application was dismissed in its entirety without liberty to reinstate or the right to appeal.
The Respondent objected to the receivability of the application. The 爆料网DT found the case receivable and directed the parties to attempt informal resolution of the matter.
The mention of the Applicant's name in several documents communicated to a number of countries in relation to an ongoing investigation had an impact on the Applicant's professional mobility. Indeed, while on official travel, the Applicant had been stopped in various airports, sometimes for several hours, and had been asked whether he had another passport in his possession. The absence of a response from OIOS over the course of its multi-year investigation was a deliberate act, if not an instance of negligence in the Administration's duty to act within a relatively reasonable time. This failure...
