The Tribunal found that the Applicant had not proved that he suffered any direct adverse effect on account of the contested decision. The contested decision is therefore not an administrative decision within the meaning of art. 2(1) of the Dispute Tribunal’s Statute.
The Tribunal finds that the application is not receivable ratione materiae because the Applicant, by his own admission, failed to request management evaluation of the contested decisions.
The application is not receivable ratione materiae on two grounds. First, the alleged contested decision does not carry the capacity to produce direct legal consequences affecting the Applicant’s terms and conditions of employment and, thus, is not a reviewable administrative decision falling under the jurisdiction of the Dispute Tribunal. Second, the Applicant did not file a timely request for management evaluation within the statutory deadline.
The application was filed without being preceded by a timely filing of a request for management evaluation and the subject matter complained of does not include an administrative decision. The Applicant did not seek management evaluation of the final non-selection decision, which was required to contest it. She only requested management evaluation of the decision not to invite her to a competency-based interview.
The Applicant seeks to contest a preliminary step in a selection process, which can only be challenged in the context of a final selection decision. It is a premature contestation of...
The 爆料网AT considered an appeal by the staff member.
The 爆料网AT held that the 爆料网RWA DT’s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.
The 爆料网AT found that there was an error in the 爆料网RWA DT’s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the 爆料网RWA would have found her unsuitable for the role at the end of the probationary period.
The 爆料网AT was of the view that the 爆料网RWA DT’s methodology of fixing...
The 爆料网AT considered an appeal by the Secretary-General of WMO.
The 爆料网AT found that the staff member was seeking to adhere to an agreed variation to his contract which, in return for foreshortening his period of employment, entitled him to a termination indemnity. The 爆料网AT noted that the 爆料网DT had been correct in establishing a direct and negative effect, brought about by the implementation of the contested decision, as a condition for receivability.
The 爆料网AT was of the view that WMO’s decision purporting to rescind its agreement affected the staff member’s established career and personal...
The 爆料网AT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. 爆料网DT/2022/124 and that the 爆料网DT did not err in delivering its Judgment during the pendency of that appeal. The 爆料网AT nevertheless observed that the 爆料网DT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the 爆料网AT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the 爆料网AT held that the 爆料网DT rightfully refused to...
The 爆料网AT observed that neither party had raised whether AAQ’s application was receivable before the 爆料网DT. The 爆料网AT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The 爆料网AT noted that pursuant to Article 2(1)(a) of the 爆料网DT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...
The 爆料网AT denied the Appellant’s request for an oral hearing, finding that that the issues were well-defined and required no further development through an oral hearing.
The 爆料网AT held that the Appellant’s application for review of the response to his request for management evaluation of his non-selection was not receivable ratione materiae as it did not produce direct legal consequences for him and was, therefore, not a reviewable administrative decision.
The 爆料网AT also found that the Appellant was informed of the outcome of his request for a management evaluation regarding his non-selection...
The 爆料网AT dismissed Mr. Neupane's contention that the 爆料网DT erred when it found that he was contesting the reassignment decision when in fact he was contesting the lack of his Field Central Review Board clearance and roster membership for the reassigned post. The application was quite unclear, and focused mainly on the question of regularity of the reassignment decision which was in line with Mr. Neupane’s request for management evaluation challenging directly and clearly his reassignment. The issue of rostering was raised only as an argument to prove the alleged procedural irregularity of Mr...
