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The application was not receivable under article 13 of the ±¬ÁÏÍøDT Rules of Procedure because at the time the application was filed, there was no management evaluation pending. It was only on 21 October 2009 that the Tribunal received a copy of the request for management evaluation of the decision of 5 October 2009. The application was not receivable under article 14 of the ±¬ÁÏÍøDT Rules of Procedure because the administrative decision dated 5 October 2009 to fill the post related to an appointment and could not be the subject of interim relief in view of the exception contained in article 14...

The time for requesting an administrative review runs from the date the administrative decision was received by the staff member. The respondent¡¯s refusal to fulfill the three requests of the applicant resulted in three administrative decisions. Even though these decisions were connected to the letter of reprimand they did not reiterate matters contained in the letter of reprimand and they were motivated by events subsequent to that letter.Outcome: The applicant¡¯s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.

The filing of the incomplete statement of appeal by 31 July 2008 complied with the time limit specified by the Staff Rules. The failure to file the full statement of appeal within one month (as was required by the JAB rules) may (not must) lead to implied abandonment in the absence of explanation and permits restoration of the appeal if an adequate explanation is provided; this does not require exceptional circumstances. The delay was explained by the need to obtain the investigative report and its annexures lying at the centre of the case. What constitutes an adequate explanation will vary...

The Dispute Tribunal may suspend or waive the deadlines for the filing of applications imposed by the Statute and Rules of Procedure, but may not suspend or waive the deadlines in the Staff Rules concerning management evaluation because this is the prerogative of the Secretary-General.The drafters of the Statute of the Dispute Tribunal intended that all applications to the Tribunal would be subject to the rules under which this Tribunal operates. Therefore, pursuant to Article 8.3 of the Statute, the Tribunal has no jurisdiction to extend the deadlines for the filing of requests for...

Decisions made prior to 2 April 2009 are not excluded from being challenged before the Dispute Tribunal. Outcome: The application was held to be receivable and the motion to dismiss was denied. The instant case was also held to be exceptional, deserving of the waiver and extension of the time limits. The staff member was granted two weeks to file and serve a revised application.

±¬ÁÏÍøDT preliminarily rejected the Applicant¡¯s requests for recusal, holding that there were no longer any grounds for ruling on those requests since the ±¬ÁÏÍøDT President previously rejected those requests. Concerning the first application, ±¬ÁÏÍøDT held that the Applicant did not establish the illegality of the election of JC and that his application for the election to be declared null and void must be rejected. With regard to the Applicant¡¯s request that all decisions taken by the Internal Justice Council be rescinded, ±¬ÁÏÍøDT held that it is clear from General Assembly Resolution 62/228 of 22 December...

The reservations which each of the Applicants formulated upon accepting the lump sum are not binding on the Administration since, at the time the agreement was signed, the Administration and the staff member were not in a contractual situation in which each could negotiate rights. Instead, they were in a situation governed by rules in which the Administration could only apply the rules and the staff member could only accept or reject the lump-sum payment proposed. The applicants contend that only by accepting the lump-sum payment with reservations could they challenge the basis on which the...

A summary judgment was rendered because, as per art. 9 of the RoP, there was no dispute as to the material facts and judgment was restricted to matters of law. As one of the Applicants did not file an application in person (art. 8.1 (b), 3.1 and 2.1 of ±¬ÁÏÍøDT Statute) neither designated a counsel to act on his behalf (art. 12 of ±¬ÁÏÍøDT RoP), his application was deemed as not receivable. Furthermore, considering that an apology is beyond the remedies which may be ordered by the Tribunal in accordance with art. 10.5 of ±¬ÁÏÍøDT Statute, the application was declared as out of the Tribunal¡¯s mandate.

±¬ÁÏÍøDT noted that the Applicant had until 2 February 2009 to file an appeal before the Joint Appeals Board. However, the Applicant¡¯s appeal was dated 27 February 2009 and was not received by the Joint Appeals Board until 3 March 2009. The Applicant¡¯s Counsel did not present any exceptional circumstance that prevented him from filing an appeal within the time limits prescribed in the Staff Rules then in effect. ±¬ÁÏÍøDT held that the request was therefore irreceivable. ±¬ÁÏÍøDT rejected the application.

±¬ÁÏÍøDT noted that the Applicant, having received the contested decision on 4 February 2009, did not file her application with this Tribunal until 14 July 2009, which was beyond the 90 calendar-day deadline set forth in Article 8 of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøDT noted that before it can reject an application, it must determine whether failure to meet the deadline could have resulted from erroneous information provided by the Administration. ±¬ÁÏÍøDT held that the Applicant was not given any information that could have misled her, because, as she herself wrote, it was not until after 1 July 2009 that she...