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The Tribunal found that the application was not receivable ratione materiae, since it was directed against decisions with regulatory power. The issuance of secondary salary scales to staff recruited on or after 1 March 2012 is not of individual application and does not produce direct legal consequences; it constitutes an administrative act with regulatory power, but not an administrative decision under the terms of art. 2.1(a) of the Tribunal¡¯s Statute. The freeze of existing salary scales in effect since 1 August 2010 applies to a group of staff members defined exclusively by their status and...

The Tribunal found the application irreceivable for want of management evaluation request.

The Tribunal noted that the HM has broad discretionary power to exercise a preliminary evaluation of the released applicants in order to establish the shortlist of the most qualified candidates to be invited for further assessment, and that the Tribunal will not easily interfere with the Administration¡¯s broad discretion in these matters and substitute its judgment for that of the competent decision maker. It further noted that the work experience requirement as listed in the vacancy announcement (VA) was already described in broad terms, thus opening the door to large discretion as to what...

The Tribunal noted that the content of the notes taken by the three panel members echoed similar answers given by the Applicant, which is a clear indication that they reflect the interview as it indeed happened and the answers provided by the Applicant. The Tribunal was also provided with the list of questions asked by the Panel during all interviews, and noted that the assertions made by the Applicant that she was not asked exactly those questions as they stood were unfounded and not corroborated by any evidence. It recalled that it was well within the discretionary power of the Assessment...

The Tribunal considered that the Applicant as a party cannot file a motion for intervention in her own case, and that her request for intervention by the Tribunal in the rebuttal process is not receivable ratione materiae, thus leaving no legal ground for an interim measure.

The Tribunal found that the first part of the application was not receivable, since the decision to pay the multiplier of 65.5 from 1 August 2012 through 31 January 2013 to all professional staff member with duty station New York, constitutes a decision with regulatory power and not an administrative decision under art. 2.1(a) of its Statute. The Tribunal further found that decision to pay the Applicants the amount calculated on the basis of the 65.5 for the month of January 2013 as reflected in their respective statement of earning, constitutes an administrative decision hence the application...

The Tribunal found that the first part of the application was not receivable, since the Applicant lacked legal standing, and that the second part of the application, while receivable, was unfounded, since the Secretary-General, who has the duty to facilitate the holding of the elections to the ±¬ÁÏÍøSCP, had no power, whatsoever, to interfere in the actual conduct and results of the elections.

The Tribunal dismissed the application as time-barred, as the Applicant failed to submit a timeous request for administrative review/management evaluation.

The ±¬ÁÏÍøDT decided to join both cases and following a review of the procedure followed, found both decisions to be illegal. It ordered the rescission of both decisions and that a new decision be taken on the Applicant¡¯s complaint. It also considered that the irregularities committed resulted in undue delay in the handling of the complaint, which caused the Applicant moral harm warranting compensation of 8,000 Swiss francs.

Since the applications were identical and the Applicants served at the same Organization, the Tribunal joined them and ruled on them with a single judgment. The Tribunal found that the applications dealt with identical matters as that subject of judgment Tintukasiri et al. ±¬ÁÏÍøDT/2014/026, affirmed on appeal by the Appeals Tribunal, and consequently concluded that the applications were not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute. Receivability ratione materiae: The decision to freeze existing salary scales and to review downward allowances is of a general...