±¬ÁÏÍø

The ±¬ÁÏÍøDT Statute, which is superior in the hierarchy of norms to the Staff Rules, states that an applicant should file an application within 90 days following the expiry of the 45-day period for the management evaluation if the Administration has not replied to his/her request. If the Administration replies after the 45-day period but before the expiry of the 90-day period, a new 90-day period to contest a decision before the Tribunal starts to run. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the...

The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal¡¯s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member¡¯s career. Under the principle that...

The time for requesting a management evaluation in this case is specified in Staff Rule 111.2(c). This rule provides that a request for management evaluation should not be receivable by the Secretary-General unless it was sent within 60 days of notification of the contested administrative decision. The Secretary-General is able to extend this time limit pending efforts for informal resolution by the office of the Ombudsman. In this case there is no evidence that the parties submitted the matter to the office of the Ombudsman for mediation within the deadlines for filing a management evaluation...

The Tribunal found that it does not have jurisdiction ratione personae as Defence Counsel at the ICTR who have a particular status, which is defined by the internal rules of the ICTR and the Agreement between the United Nations and the United Republic of Tanzania concerning the Headquarters of the International Tribunal for Rwanda dated 24 September 1996.

In ±¬ÁÏÍøDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant¡¯s submissions, the Tribunal finds that they do not satisfy the requirement of ¡°exceptional¡± in Article 8.3 of the Statute of the Dispute Tribunal. The applicant did not abide by the time limits for filing his application with the JAB and subsequently, in his appeal against the JAB¡¯s findings, he also failed to abide by the time limits for filing his application...

In ±¬ÁÏÍøDT Judgment No. 037, Sethia (2010), the Tribunal set out the applicable law in determining whether the time limits imposed by the Statute of the Dispute Tribunal will be waived. In the present case, having considered the applicant¡¯s submissions, the Tribunal finds that they do not satisfy the requirement of ¡°exceptional¡± in Article 8.3 of the Statute of the Dispute Tribunal. The applicant¡¯s physical presence was not required in the U.S. for her to file her Application.

±¬ÁÏÍøDT found the application receivable and determined that the post number provided by the ICSC for reclassification purposes was that of a Compensation Officer with functions distinct from those performed by the applicant. Therefore, in the absence of a properly budgeted post, the request of the ICSC was a request for classification advice prior to a budgetary submission, which required General-Assembly approval. The reclassification proposal was not included in the budgetary submission to the General Assembly, and, accordingly, the General Assembly did not approve the proposed...

The judge must raise on his/her own motion the issue of receivability of an application and in particular verify whether the requirements of former staff rule 111.2 (a) have been complied with since the request for review of an administrative decision is a mandatory prerequisite for filing an appeal before the ±¬ÁÏÍø Dispute Tribunal. The absence of the request for review leads to the irreceivability of the application (see judgments ±¬ÁÏÍøDT/2010/158, Osman; ±¬ÁÏÍøDT/2009/070, Planas; ±¬ÁÏÍøDT/2009/054, Nwuke; ±¬ÁÏÍøDT/2009/035, Caldarone). The Tribunal¡¯s competence is limited, pursuant to art. 2.1 (a) of the...

With respect to the decision to reject his request for leave, the application is irreceivable as no management evaluation was submitted. In general, the whole application is time-barred. No exceptional circumstances could be found. Even after the applicant's sick leave ended, more than three months elapsed before the applicant submitted his application.

Receivability: A decision which does not merely confirm a previous decision, but shows that in the meantime, efforts have been made by the Administration to find an alternative arrangement and sets a new deadline, may be considered as a new decision, which has the effect of setting a new time limit for requesting administrative review. In accordance with article 8.4 of the ±¬ÁÏÍøDT Statute, the three-year time limit cannot be extended, even in exceptional cases within the meaning of article 8.3 of the Statute. The Dispute Tribunal is not competent to hear the case under article 2.7 (transitional...