Receivability: The filing of a recourse application as per 爆料网HCR Promotions Policy suspends the time limit to submit a request for management evaluation of a decision not to grant promotion only if it is timely done; otherwise, the deadline for requesting management evaluation runs from the date of notification of the initial decision, unless an extension of time is granted or the deadline is waived by the competent authority.
Receivability: The Tribunal observed that the Applicant had the option of lodging a formal complaint of gender discrimination under ST/SGB/2008/5 but chose not to. However this does not prevent her from alleging, as she does, that the classification decision which she is challenging was ill-motivated by reason of gender discrimination. The Tribunal concluded that in determining whether the decision to abolish her post was ill-motivated it is competent to examine each of the Applicant’s allegations against the relevant facts and circumstances.
Case No. 爆料网DT/GVA/2015/129
Contingency of the Applicant’s FTA: return of Mr. C. to post No. 501057
Under sec. 6.7 of ST/AI/2010/3, in cases of secondment, a lien against a specific post shall only be granted for up to two years, after which it shall be surrendered. No discretion is granted to the Administration for extending the lien beyond the two years. Quite distinctly, para. 7 of ST/AI/404 allows the Administration to extend the mission assignment beyond the two years period, and continue blocking a specific post in the parent department, provided there is a specific written agreement to...
Scope and standard of review Although the Applicant raised a number of arguments related to the non-renewal of his fixed-term appointment and seeks remedies consequent to this decision, the decision not to renew the Applicant’s fixed-term appointment is not properly put before the Tribunal and does not fall within the ambit of the judicial review in the present case. In any event, the Applicant is time-barred from challenging his separation from service. He was separated from service on 28 July 2014 and he did not submit a request for management evaluation of that decision within the 60-day...
The Applicant was informed of the Respondent’s decision not to renew her appointment on 13 May 2015 thus the time to challenge this decision started to run from this date. The Applicant requested management evaluation on 28 August 2015.; A later notice to the Applicant on 30 June 2015 merely affirmed that the earlier decision remained in force.; The application was late in light of staff rule 11.2(c), as it was filed past the sixty-day time limit, and not receivable. 爆料网DT dismissed the application.
The application was receivable as it was filed in accordance with the requirements set forth in article 12.3 of the 爆料网DT Statute and article 30 of the 爆料网DT RoP.; The payment of salaries to the Applicant should have been calculated as of the time of separation (30 November 2009) with accrued interest.; 爆料网DT ordered that the Secretary-General add a pre-judgment interest on the compensation already paid, calculated at the US Prime Rate applicable on 30 November 2009 (date of separation) to 9 December 2016 (date of payment). All other pleas were refused.
Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at 爆料网FCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with 爆料网FCCC four years...
The Applicant does not contest a decision of the Secretary-General but a decision of 爆料网JSPF, which he claims was communicated to him by the Chief of the Office of the 爆料网JSPF at Geneva. The Tribunal has already stated in the past that it is not competent to review 爆料网JSPF decisions. 爆料网JSPF is an entity established to provide retirement, death, disability and related benefits for the staff of its various member organizations. The Secretary-General has no role in the administration of 爆料网JSPF benefits. The 爆料网JSPF is also not one of the agencies, organizations or entities “where a special agreement...
No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.
The Tribunal found that the Organization’s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...
