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Sub judice: The sub judice rule restricts the publication of prejudicial information relating to proceedings that are current before a court or pending judicial consideration and determination. Publication of prejudicial information about a person will not attract liability for contempt if proceedings involving that person are not yet pending (although a publication in this situation may attract liability on other legal grounds, for example, a defamation action in the domestic courts). Publication of material on matters that are sub judice may result in contempt of court, punishable in many...

The ±¬ÁÏÍøDT found that the Applicant¡¯s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The ±¬ÁÏÍøDT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The ±¬ÁÏÍøDT rejected the Applicant¡¯s claims of emotional distress as unproven. The ±¬ÁÏÍøDT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...

The ±¬ÁÏÍøDT found that the Applicant contested the administrative decision after the 60 day deadline for requesting a management evaluation had passed. Her Application was therefore not receivable as the Tribunal is not competent to extend the deadline for a request for management evaluation.

The inherent jurisdiction of the Tribunal confers it with power to deal with contemptuous conduct and is necessary to safeguard its judicial functions. This power need not be defined in the Tribunal¡¯s Statute or in its Rules of Procedure. Willful disobedience of the Tribunal¡¯s orders is contempt and is a direct attack upon the jurisdiction of the Tribunal and its power to undertake the responsibilities with which it has been entrusted in its Statute by the General Assembly. ±¬ÁÏÍøON management while disregarding the authority of ±¬ÁÏÍøAT in Villamoran on the duty of parties to comply with...

Receivability ¨C Outcome of management evaluation: Except in the case foreseen in article 8.1(d)(i)b of the Tribunal¡¯s Statute, Applicants have to await the outcome of the management evaluation process before filing an application with the Tribunal.

The ±¬ÁÏÍøDT found that the Applicant had made out a case for prima facie unlawfulness, but that the other two requirements for suspension of action ¨C urgency and irreparable harm - were not fulfilled. It considered that the selection decision had already been implemented pursuant to Section 10.2 of ST/AI/2010/3 and therefore the Tribunal had no jurisdiction to provide interim injunctive relief. The Tribunal observed the irregularity whereby a non-selected candidate cannot have known that the decision has been implemented and is powerless under Article 2.2 of the Statute to suspend the action...

Receivability/Waive or suspend MEU deadlines: It has been established in the ±¬ÁÏÍøDT and the United Nations Appeals Tribunal (±¬ÁÏÍøAT) jurisprudence as well in the provisions of the ±¬ÁÏÍøDT Statute that the ±¬ÁÏÍøDT does not have the power to suspend or waive deadlines regardingtime limits for management evaluation. The Tribunal, being a creature of statutory law, cannot go beyond its mandate.If there was concrete evidence to show that the Ombudsman was seized of the matter within the stipulated time limits and if there was evidence showing the date on which the Ombudsman acknowledged receipt of the matter...

Standard of review for interpretation (1): A request for interpretation of a judgment is receivable only if the operative part of it gives rise to uncertainty or ambiguity about its meaning or import.Standard of review for interpretation (2): It would be contrary to the letter and spirit of article 12.3 of the Tribunal¡¯s Statute to seek a reversal or modification of a final judgment under cover of interpretation. The correctness of a judgment is not a matter to be dealt with in this framework, as interpreting, by definition, means shedding light on the original meaning, as opposed to altering...

Receivability: For an application to be receivable, it must clearly identify the contested decision and be preceded by a request for management evaluation, where management evaluation is required.

t. The applicant submits that her request for suspension of action is timely as the contested administrative decision has yet to be implemented. Legal Pronouncement: The decision to select a successful candidate is implemented upon the candidate¡¯s unconditional acceptance of the offer presented to him which results in the formation of a binding employment contract between the candidate and the Organization. The formation of the employment contract, which results in the implementation of the post selection decision, will precede the date on which a successful candidate will assume his/her new...