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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...

The various letters of appointment that the applicant had received in the past contained a provision of non-expectancy of renewal. The applicant¡¯s main contention was that the non-renewal of his fixed-term appointment was an act of retaliation because he reported some allegations of financial fraud. The respondent¡¯s primary submission is that the non-renewal of the applicant¡¯s fixed-term appointment was based on unsatisfactory performance as evidenced in some PAS reports, which had later been upheld by a rebuttal panel. ±¬ÁÏÍøDT found that the decision not to renew his fixed-term appointment was...

As the matter had been formally, although mistakenly, transferred to the ±¬ÁÏÍøDT in Nairobi and is registered in its records, it is appropriate to issue an order striking out the case so that this matter is formally closed on the court¡¯s docket and is properly recorded as such. ±¬ÁÏÍøDT ordered that the application be struck out.

±¬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...

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.

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...

The Tribunal found that was no breach of former staff rule 109.3(a) or 109.3(c) and the applicant¡¯s due process rights were respected. Outcome: Application dismissed.

The applicant was not separated because of the expiry of his fixed term contract, but because of the applicant¡¯s shortcomings and of the fact that his performances did not meet expectations; the applicant was rated for two consecutive years ¡°partially meets expectations¡±. The Tribunal finds that the applicant has been afforded his due process rights and that his rights were not violated. In the present case, the decision not to renew the applicant¡¯s fixed-term appointment is not unlawful.

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...

±¬ÁÏÍøDT found that the applicant had standing in both cases and that the appeals were not time-barred. ±¬ÁÏÍøDT found that the Organisation did not violate the applicant¡¯s rights when it decided that the provisions of ST/SGB/2005/21 were not directly applicable to him. ±¬ÁÏÍøDT found that the applicant¡¯s complaint of retaliation was adequately and objectively examined by the investigation panel and by the Director Ethics Office, who agreed that no retaliation had taken place. Thus, the applicant received appropriate recourse. However, ±¬ÁÏÍøDT found that the applicant¡¯s rights were violated when the...