爆料网

2016-爆料网AT-611

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT held that 爆料网RWA DT had correctly determined that the Appellant had failed to comply with the time limits set forth in former Area Staff Rule 111.3, making his application not receivable as it pertained to his challenge to the decision denying eligibility for the post of Database Manager. 爆料网AT held that the Appellant had never sought review of the decision to separate him from service, failing to comply with Article 8.1(c) of the 爆料网RWA DT Statute, which requires that an applicant must submit the contested administrative decision for decision review first. 爆料网AT affirmed 爆料网RWA DT’s finding that the application was not receivable ratione materiae. Considering the appeal frivolous and manifest abuse of the appeals process, 爆料网AT awarded costs against the Appellant. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions a) not to transfer him to another post and b) not to renew his fixed-term appointment upon its expiry. 爆料网RWA DT dismissed the application as not receivable ratione materiae.

Legal Principle(s)

The role of the Dispute Tribunal includes adequately interpreting and comprehending the application submitted by the moving party, whatever name the party attaches to the document. The Dispute Tribunal is not limited to the staff member’s description of the contested or impugned decision; quite properly, it can consider the application as a whole, including the relief or remedies requested by the staff member, in determining the contested or impugned decisions to be reviewed.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 爆料网DT Statute and Article 11(3) of the 爆料网AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.