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±¬ÁÏÍøDT found that in as much as the Applicant¡¯s situation regarding promotion was re-examined by the Administration, not at the Applicant¡¯s request but on the Administration¡¯s initiative, the Applicant could not seriously assert that he was unable to inform the Appointment, Posting and Promotions Board (APPB) of the mistakes contained in his file. However, ±¬ÁÏÍøDT found that the Applicant had the right to contest before the Tribunal the decision notified to him on the grounds that the APPB would have founded its non-recommendation for promotion on incorrect facts. Regarding the Applicant¡¯s...

±¬ÁÏÍøDT noted that a request for suspension of action can only be granted in cases where all criteria have been satisfied: prima facie unlawfulness, urgency, and irreparable damage. ±¬ÁÏÍøDT held that the contested decision in the present case did not appear to be prima facie unlawful. ±¬ÁÏÍøDT accordingly did not further examine whether the matter was urgent and/or whether the implementation of the contested decision would cause irreparable damage. ±¬ÁÏÍøDT also held that the decision of non-renewal was not an improper exercise of discretion. ±¬ÁÏÍøDT held that there was no evidence that the non-renewal...

±¬ÁÏÍøDT noted that the procedure to be followed for the given position to be re-titled and re-classified had not been completed by the time the Applicant submitted her request to the ±¬ÁÏÍøDT. ±¬ÁÏÍøDT concluded that no administrative decision had yet been made by the time the request for suspension of action was submitted to ±¬ÁÏÍøDT and considered by same. ±¬ÁÏÍøDT therefore held that the request had to be considered inadmissible, nothing preventing the Applicant from contesting the forthcoming decision.

±¬ÁÏÍøDT held that the application was receivable because the time limit for management evaluation had not yet expired and management evaluation was still pending. ±¬ÁÏÍøDT took note of the findings of the JAB Panel, which recommended suspension of action following the Applicant¡¯s request to this end dated 22 June 2009, and of the Deputy Secretary-General¡¯s memorandum by which such suspension was granted. ±¬ÁÏÍøDT noted that both the Panel and the Secretary-General came to the conclusion that the questioned decision was prima facie unlawful and that the Applicant¡¯s reassignment, if implemented, would...

In the present case, the Applicant, who was advised by OSLA that his case lacked legal merit and who nevertheless could be represented by a counsel of his choice before the Tribunal, cannot claim that his due process rights were violated. The Tribunal reiterates that a fixed-term appointment carries no expectancy of renewal. However, the Judge must examine whether the Administration¡¯s actions may have created a legitimate expectation of renewal and whether the decision not to renew the appointment was motivated by extraneous factors. In the present case, the decision not to renew the Applicant...

In accordance with former staff rule 104.12(b)(i) and provisional staff rule 4.13(c), the Applicant cannot claim a right to the renewal of her fixed-term appointment. The Applicant claims that the difficult working relationship she had with her supervisor led the latter, with the objective of getting rid of the former, to seek the reclassification of her post at a higher level. However, the Applicant does not prove that the non-extension of her appointment results solely from the desire of her supervisor to remove her from the service, nor that, consequently, the contested decision appears...

The Tribunal¡¯s decision to grant a suspension of action on such a decision would not have the effect of rescinding or reversing the contested decision as claimed by the Respondent, but only that of suspending temporarily, from the date of the Tribunal¡¯s decision and until such date as provided for in the ±¬ÁÏÍøDT statute, the legal consequences of the contested decision. The Applicant claims that the decision was not taken by the Secretary-General despite the Respondent¡¯s claims to the contrary. The Respondent refused to comply with the Tribunal¡¯s orders to submit a signed confirmation from the...

In the present case, the Administration must be deemed to have made good faith efforts to identify a position for the Applicant, for it actually offered him an adequate position. For a position to be considered adequate, it is not sufficient that it is at the same level than the previous position of the concerned staff member. It is also required that it be in line with his/her skills, qualifications and experience. Anyone alleging that a given decision was based on improper motivation bears the burden of proof. Outcome: The application was rejected. ±¬ÁÏÍøADT Judgment No. 910 (1998)

The decision was illegal since the Applicant, as a 15-day mark candidate, had been found suitable and therefore, in application of Section 7.1 of ST/AI/2006/3, the Administration was precluded from considering and selecting 30-day mark candidates. The Administration is bound to strictly adhere to the unambiguous terms of an administrative instruction.The Administration has discretionary power to set down reasonable standards to determine if a candidate has ¡°working knowledge¡± of a certain language, which it did in the present case.The Administration, in its dealing with staff members, has to...