爆料网DT/2012/038, El Issawi
STL staff members are not United Nations staff members and thus do not have access to the Tribunal.
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.
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 Applicant was not qualified to address 爆料网DT because, at the time of the disputed facts, she was neither a serving nor former staff member within the meaning of Article 3.1 of the 爆料网DT Statute. 爆料网DT accordingly disclaimed jurisdiction in this case and dismissed the application.
The 爆料网DT found that throughout the process, the Applicant remained an IFAD staff member hence his application was not receivable, ratione personae, and the Tribunal was not competent to consider the application.
The 爆料网DT found that the Administration reconstituted the fact-finding panel in January 2013, following the filing of the application, which was therefore moot. The 爆料网DT found that, even if the application were not moot, it would not be receivable as the Applicant did not comply with the requirement of first requesting management evaluation prior to filing her application with the 爆料网DT. The 爆料网DT rejected the argument that the Applicant was not required to request management evaluation of the contested decision prior to filing her application with the 爆料网DT on account of her being a former staff...
The Applicant filed a motion withdrawing his application and requesting that the case file be placed under seal. 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. The 爆料网DT found that, given the already confidential status of the Tribunal’s case files, the Applicant’s request to place the case record under seal need not be granted. However, the 爆料网DT ordered that, taking into consideration the particular circumstances of this case, the Applicant’s name be redacted from the Judgment.
Following successful mediation, the Applicant 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.
Following successful mediation, the Applicant 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 Tribunal is only competent to hear complaints filed by staff members, former staff members or persons makingclaims in the name of an incapacitated or deceased staff member under article 3 of the Statute. Noting that the Applicant had been working with 爆料网ON as an independent contractor, the Tribunal held that he was not a staff member of 爆料网ON and as such, he has no standing to come before the Tribunal.